MPEP § 608 — Disclosure (Annotated Rules)

§608 Disclosure

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 608, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Disclosure

This section addresses Disclosure. Primary authority: 35 U.S.C. 112(a), 35 U.S.C. 122(b), and 37 CFR 1.121(f). Contains: 2 requirements, 2 guidance statements, 2 permissions, and 1 other statement.

Key Rules

Topic

Components Required for Filing Date

4 rules
StatutoryRequiredAlways
[mpep-608-cb6b6cf60a02cc7412f58063]
Full and Clear Disclosure Required for Patent
Note:
A patent application must fully and clearly disclose the invention as required by 35 U.S.C. 112(a) to be valid.

To obtain a valid patent, a patent application as filed must contain a full and clear disclosure of the invention in the manner prescribed by 35 U.S.C. 112(a). The requirement for an adequate disclosure ensures that the public receives something in return for the exclusionary rights that are granted to the inventor by a patent. All amendments and claims must find descriptive basis in the original disclosure. No new matter may be introduced into an application after its filing date. Applicant may rely for disclosure upon the specification with original claims and drawings, as filed. See also 37 CFR 1.121(f) and MPEP § 608.04.

Jump to MPEP Source · 37 CFR 1.121(f)Components Required for Filing DateFiling Date RequirementsPatent Application Content
StatutoryInformativeAlways
[mpep-608-c4a30b979f93443906135bd9]
Requirement for Full and Clear Disclosure
Note:
The patent application must fully and clearly disclose the invention to ensure public receives something in return for the inventor's exclusionary rights.

To obtain a valid patent, a patent application as filed must contain a full and clear disclosure of the invention in the manner prescribed by 35 U.S.C. 112(a). The requirement for an adequate disclosure ensures that the public receives something in return for the exclusionary rights that are granted to the inventor by a patent. All amendments and claims must find descriptive basis in the original disclosure. No new matter may be introduced into an application after its filing date. Applicant may rely for disclosure upon the specification with original claims and drawings, as filed. See also 37 CFR 1.121(f) and MPEP § 608.04.

Jump to MPEP Source · 37 CFR 1.121(f)Components Required for Filing DateFiling Date RequirementsPatent Application Content
StatutoryRequiredAlways
[mpep-608-4d699e358e1d3c39396a8df1]
Claims Must Find Basis in Original Disclosure
Note:
All claims must be supported by the original disclosure to obtain a valid patent.

To obtain a valid patent, a patent application as filed must contain a full and clear disclosure of the invention in the manner prescribed by 35 U.S.C. 112(a). The requirement for an adequate disclosure ensures that the public receives something in return for the exclusionary rights that are granted to the inventor by a patent. All amendments and claims must find descriptive basis in the original disclosure. No new matter may be introduced into an application after its filing date. Applicant may rely for disclosure upon the specification with original claims and drawings, as filed. See also 37 CFR 1.121(f) and MPEP § 608.04.

Jump to MPEP Source · 37 CFR 1.121(f)Components Required for Filing DateFiling Date RequirementsPatent Application Content
StatutoryPermittedAlways
[mpep-608-b997bb794df7d0684317394f]
Original Disclosure Requirement for Filing
Note:
The patent application must rely on the original specification, claims, and drawings as filed to provide adequate disclosure of the invention.

To obtain a valid patent, a patent application as filed must contain a full and clear disclosure of the invention in the manner prescribed by 35 U.S.C. 112(a). The requirement for an adequate disclosure ensures that the public receives something in return for the exclusionary rights that are granted to the inventor by a patent. All amendments and claims must find descriptive basis in the original disclosure. No new matter may be introduced into an application after its filing date. Applicant may rely for disclosure upon the specification with original claims and drawings, as filed. See also 37 CFR 1.121(f) and MPEP § 608.04.

Jump to MPEP Source · 37 CFR 1.121(f)Components Required for Filing DatePatent Application ContentFiling Date Requirements
Topic

Filing Date Requirements

1 rules
StatutoryPermittedAlways
[mpep-608-daae005821fcab7ab9d986da]
No New Matter After Filing Date
Note:
The application must not introduce new information after the filing date. All amendments and claims must be supported by the original disclosure.

To obtain a valid patent, a patent application as filed must contain a full and clear disclosure of the invention in the manner prescribed by 35 U.S.C. 112(a). The requirement for an adequate disclosure ensures that the public receives something in return for the exclusionary rights that are granted to the inventor by a patent. All amendments and claims must find descriptive basis in the original disclosure. No new matter may be introduced into an application after its filing date. Applicant may rely for disclosure upon the specification with original claims and drawings, as filed. See also 37 CFR 1.121(f) and MPEP § 608.04.

Jump to MPEP Source · 37 CFR 1.121(f)Filing Date RequirementsComponents Required for Filing DatePatent Application Content
Topic

Statutory Authority for Examination

1 rules
StatutoryRecommendedAlways
[mpep-608-6de72a7931e8dee66994910c]
Examiner Must Object to Offensive Language and Depictions in Patent Applications
Note:
An examiner should object if offensive language or depictions are found in a patent application, as it violates the decorum requirement of 37 CFR 1.3.

If during the course of examination of a patent application, an examiner notes the use of language that could be deemed offensive to any race, religion, sex, ethnic group, or nationality, he or she should object to the use of the language as failing to comply with 37 CFR 1.3 which proscribes the presentation of papers which are lacking in decorum and courtesy. The inclusion of such proscribed language in a federal government publication would not be in the public interest. Also, the inclusion in application drawings of any depictions or caricatures that might reasonably be considered offensive to any group should be similarly objected to.

Jump to MPEP Source · 37 CFR 1.3Statutory Authority for ExaminationExamination Procedures
Topic

Access to Patent Application Files (MPEP 101-106)

1 rules
StatutoryRecommendedAlways
[mpep-608-62a6d844b0074470623c88fc]
Language and Drawings Must Be Resolved Before Publication
Note:
An application should not be published until any problematic language or drawings have been resolved or deleted.

An application should not be classified for publication under 35 U.S.C. 122(b) and an examiner should not pass the application to issue until such language or drawings have been deleted, or questions relating to the propriety thereof fully resolved.

Jump to MPEP SourceAccess to Patent Application Files (MPEP 101-106)Publication of Patent ApplicationsSecrecy Orders
Topic

Design Application Requirements

1 rules
StatutoryInformativeAlways
[mpep-608-7f2f23e856b3ce1209b353d0]
Requirement for Design Application Practice
Note:
The rule requires that design application practice be followed as detailed in MPEP § 1504 et seq.

For design application practice, see MPEP § 1504 et seq.

Jump to MPEP SourceDesign Application RequirementsDesign Patent Practice

Citations

Primary topicCitation
Components Required for Filing Date
Filing Date Requirements
35 U.S.C. § 112(a)
Access to Patent Application Files (MPEP 101-106)35 U.S.C. § 122(b)
Components Required for Filing Date
Filing Date Requirements
37 CFR § 1.121(f)
Statutory Authority for Examination37 CFR § 1.3
Design Application RequirementsMPEP § 1504
Components Required for Filing Date
Filing Date Requirements
MPEP § 608.04
MPEP § 714.25

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31