What is the “possession” standard in written description requirement?
The “possession” standard is a key concept in the written description requirement. According to MPEP 2304.02(d):
“To satisfy the written description requirement, a patent specification must describe the claimed invention in sufficient detail that one skilled in the art can reasonably conclude that the inventor had possession of the claimed invention.”
This standard requires that the specification demonstrate that the inventor had conceptual possession of the full scope of the claimed invention at the time of filing. It’s not enough to merely describe the general idea; the description must be sufficiently detailed to show that the inventor had a complete and specific conception of the invention.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2304.02(D) - Adequate Written Description,
Patent Law,
Patent Procedure