This page consolidates MPEP guidance interpreting 37 CFR § 1.804, including 25 rules 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.

Summary

The time of making an original deposit is crucial for establishing proper written description support, ensuring that newly added patent claims are adequately substantiated by the original specification.

What this section covers

• Guidelines for examining claim support through original specification disclosure
• Requirements for demonstrating written description compliance under patent examination guidelines

Key obligations

• Ensure newly added claims have express, implicit, or inherent support in the original specification
• Demonstrate the inventor's possession of the claimed invention at the time of filing
• Comply with written description requirements without requiring verbatim claim language reproduction

Practice notes

• Carefully review the original specification to ensure comprehensive support for all claim elements
• Be prepared to provide additional evidence or clarification if written description support is challenged

Related Provisions

• 35 U.S.C. § 112
• 37 CFR § 1.801
• 37 CFR § 1.802
• 37 CFR § 1.809
• 37 CFR § 1.323

Based on MPEP Last Modified: 10/30/2024 08:50:22