What are the main requirements under 35 U.S.C. 112(a)?
The main requirements under 35 U.S.C. 112(a) are:
- Written Description: The specification must contain a written description of the invention.
- Enablement: The specification must enable any person skilled in the art to make and use the invention.
- Best Mode: The specification must set forth the best mode contemplated by the inventor for carrying out the invention.
As stated in the MPEP, “The following is a quotation of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall 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 which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.” This quote summarizes the three main requirements of 112(a).
Requirement for Written Description and Best Mode Disclosure MPEP 2166 Informative
Utility Requirements for Patent Applications MPEP 2166 Informative
Written Description Requirement for Invention MPEP 2166 Recommended
Statutory Basis Only Required in First Actions and Final Rejections MPEP 2166 Required
Statutory Basis Not Required In Merits Actions MPEP 2166 Informative