What is the relationship between prior art knowledge and the level of detail required in a patent specification?
The relationship between prior art knowledge and the level of detail required in a patent specification is inverse. According to MPEP 2164.03:
“The more that is known in the prior art about the nature of the invention, how to make, and how to use the invention, and the more predictable the art is, the less information needs to be explicitly stated in the specification.”
Conversely, when little is known in the prior art or the art is unpredictable, more detailed information is required in the specification. This principle ensures that the patent disclosure is sufficient to enable a person skilled in the art to make and use the invention without undue experimentation.
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Topics:
MPEP 2100 - Patentability,
MPEP 2164.03 - Relationship Of Predictability Of The Art And The Enablement Requirement,
Patent Law,
Patent Procedure