What is the legal basis for the written description requirement?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The written description requirement is grounded in U.S. patent law, specifically in 35 U.S.C. 112(a) . The MPEP 2163.01 references this legal basis: “If the examiner concludes that the claimed subject matter is not supported [described] in an application as filed, this would result in a rejection of the claim on the ground of a lack of written description under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph.” This statute requires that the specification contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to make and use the same. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Review Basis for Lack of Written Description Before Repeating Rejection MPEP 2163 Requirement for Adequate Written Description of Genus MPEP 2163 Required Written Description Requirement for Product-by-Process Claims MPEP 2163 Prohibited Written Description Requirement for Genus MPEP 2163 Permitted Written Description Requirement for Genus Diversity MPEP 2163 Required Written Description Requirement for Genus Species MPEP 2163 Claim Must Be Described In Application As Filed MPEP 2163.01 Written Description Requirement for Invention Possession MPEP 2163 Written Description Requirement for Genus Species MPEP 2163 Written Description Requirement Ensures Claims Match Specification MPEP 2163 Other Related FAQs 5 FAQs Collapse What happens if a patent application fails to meet the written description requirement? What happens if a claim lacks written description support? Can the written description requirement be satisfied by inherent disclosure? ...