PCT Rule 5 — The Description (MPEP Coverage Index) – BlueIron IP
PCT Rule 5 The Description
Source: Patent Cooperation Treaty (PCT)BlueIron Update:
This page consolidates MPEP guidance interpreting PCT Rule 5, including 80 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 PCT Rule 5 requires that the description must be clear and complete for a skilled person to carry out the invention, starting with the title as it appears in the application.
What this section covers
- The description must disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art.
- The description must start with the title of the invention as it appears in the application.
Key obligations
- The description must disclose the invention in a manner clear and complete for a skilled person to carry out it.
- The description must include six specific parts: Technical Field, Background Art, Disclosure of Invention, Brief Description of Drawings, and Best Mode for Carrying Out the Invention.
Practice notes
- Practitioners should ensure the description is written in a manner that is clear and complete, using language familiar to a skilled person in the relevant field.
- Practitioners must avoid omitting any critical information that would be necessary for a skilled person to understand and carry out the invention.
Official MPEP § 5 — The Description
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 5 The Description
5.1 Manner of the Description
- (a) The description shall first state the title of the
invention as appearing in the request and shall:
- (i) specify the technical field to which the invention relates;
- (ii) indicate the background art which, as far as known to the applicant, can be regarded as useful for the understanding, searching and examination of the invention, and, preferably, cite the documents reflecting such art;
- (iii) disclose the invention, as claimed, in such terms that the technical problem (even if not expressly stated as such) and its solution can be understood, and state the advantageous effects, if any, of the invention with reference to the background art;
- (iv) briefly describe the figures in the drawings, if any;
- (v) set forth at least the best mode contemplated by the applicant for carrying out the invention claimed; this shall be done in terms of examples, where appropriate, and with reference to the drawings, if any; where the national law of the designated State does not require the description of the best mode but is satisfied with the description of any mode (whether it is the best contemplated or not), failure to describe the best mode contemplated shall have no effect in that State;
- (vi) indicate explicitly, when it is not obvious from the description or nature of the invention, the way in which the invention is capable of exploitation in industry and the way in which it can be made and used, or, if it can only be used, the way in which it can be used; the term “industry” is to be understood in its broadest sense as in the Paris Convention for the Protection of Industrial Property.
- (b) The manner and order specified in paragraph (a) shall be followed except when, because of the nature of the invention, a different manner or a different order would result in a better understanding and a more economic presentation.
- (c) Subject to the provisions of paragraph (b), each of the parts referred to in paragraph (a) shall preferably be preceded by an appropriate heading as suggested in the Administrative Instructions.
5.2 Nucleotide and/or Amino Acid Sequence Disclosure
- (a) Where the international application contains disclosure of nucleotide and/or amino acid sequences that, pursuant to the Administrative Instructions, are required to be included in a sequence listing, the description shall include a sequence listing part of the description complying with the standard provided for in the Administrative Instructions.
- (b) Language-dependent free text included in the sequence listing part of the description shall not be required to be included in the main body of the description.
- Access Records
- Access International
- Appeals
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- Pct Amendments Article 19
- Pct Description Claims
- Pct Filing
- Pct International Preliminary Examination
- Pct International Search
- Pct National Stage Entry
- Pct Request
- Sequence Listing