What is the standard for determining compliance with the written description requirement?
The standard for determining compliance with the written description requirement is an objective one. As stated in MPEP 2163.02, the essential question is: “does the description clearly allow persons of ordinary skill in the art to recognize that he or she invented what is claimed.” This standard comes from the Federal Circuit case In re Gosteli.
Furthermore, the MPEP elaborates that “an applicant must convey with reasonable clarity to those skilled in the art that, as of the filing date sought, the inventor was in possession of the invention, and that the invention, in that context, is whatever is now claimed.” This clarification is based on the Vas-Cath, Inc. v. Mahurkar case.
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Topics:
MPEP 2100 - Patentability,
MPEP 2163.02 - Standard For Determining Compliance With The Written Description Requirement,
Patent Law,
Patent Procedure