Does the specification need to disclose well-known information?

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.

Generally, the specification does not need to disclose information that is well-known to those skilled in the art. MPEP 2164.05(a) states: “The specification need not disclose what is well-known to those skilled in the art and preferably omits that which is well-known to those skilled and already available to the public.“

This principle is supported by case law. For example, the MPEP cites In re Buchner, where the court held that “a specification need not disclose what is well known in the art.” Similarly, in Hybritech, Inc. v. Monoclonal Antibodies, Inc., it was established that information which is well known in the art need not be described in detail in the specification.

This guideline helps to keep patent specifications concise and focused on the novel aspects of the invention. However, it’s important to note that what is considered “well-known” should be evaluated based on the knowledge of a person of ordinary skill in the art at the time of filing.