Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
"Written Description" Requirement (2)
The written description and enablement requirements are separate and distinct, as stated in the MPEP:
“This requirement is separate and distinct from the enablement requirement.”
While both requirements are part of 35 U.S.C. 112(a), they serve different purposes:
- The written description requirement ensures that the inventor had possession of the claimed invention at the time of filing.
- The enablement requirement ensures that the invention is described in sufficient detail for one skilled in the art to make and use it.
It’s possible for a specification to enable making and using the invention but still fail to provide adequate written description. Conversely, a specification might provide adequate written description but fail to enable the invention.
To learn more:
The ‘representative number of species’ concept is crucial in demonstrating adequate written description for a claimed genus. The MPEP explains:
“A “representative number of species” means that the species which are adequately described are representative of the entire genus. Thus, when there is substantial variation within the genus, one must describe a sufficient variety of species to reflect the variation within the genus.”
This is particularly important in unpredictable arts or when claiming a broad genus. A single species may not be sufficient to support claims to a broad genus if there is substantial variation within that genus. The number of species required depends on the particular invention, the size of the genus, and the level of skill and knowledge in the art.
To learn more:
First Paragraph (2)
The written description and enablement requirements are separate and distinct, as stated in the MPEP:
“This requirement is separate and distinct from the enablement requirement.”
While both requirements are part of 35 U.S.C. 112(a), they serve different purposes:
- The written description requirement ensures that the inventor had possession of the claimed invention at the time of filing.
- The enablement requirement ensures that the invention is described in sufficient detail for one skilled in the art to make and use it.
It’s possible for a specification to enable making and using the invention but still fail to provide adequate written description. Conversely, a specification might provide adequate written description but fail to enable the invention.
To learn more:
The ‘representative number of species’ concept is crucial in demonstrating adequate written description for a claimed genus. The MPEP explains:
“A “representative number of species” means that the species which are adequately described are representative of the entire genus. Thus, when there is substantial variation within the genus, one must describe a sufficient variety of species to reflect the variation within the genus.”
This is particularly important in unpredictable arts or when claiming a broad genus. A single species may not be sufficient to support claims to a broad genus if there is substantial variation within that genus. The number of species required depends on the particular invention, the size of the genus, and the level of skill and knowledge in the art.
To learn more:
MPEP 2100 – Patentability (2)
The written description and enablement requirements are separate and distinct, as stated in the MPEP:
“This requirement is separate and distinct from the enablement requirement.”
While both requirements are part of 35 U.S.C. 112(a), they serve different purposes:
- The written description requirement ensures that the inventor had possession of the claimed invention at the time of filing.
- The enablement requirement ensures that the invention is described in sufficient detail for one skilled in the art to make and use it.
It’s possible for a specification to enable making and using the invention but still fail to provide adequate written description. Conversely, a specification might provide adequate written description but fail to enable the invention.
To learn more:
The ‘representative number of species’ concept is crucial in demonstrating adequate written description for a claimed genus. The MPEP explains:
“A “representative number of species” means that the species which are adequately described are representative of the entire genus. Thus, when there is substantial variation within the genus, one must describe a sufficient variety of species to reflect the variation within the genus.”
This is particularly important in unpredictable arts or when claiming a broad genus. A single species may not be sufficient to support claims to a broad genus if there is substantial variation within that genus. The number of species required depends on the particular invention, the size of the genus, and the level of skill and knowledge in the art.
To learn more:
MPEP 2163 – Guidelines For The Examination Of Patent Applications Under The 35 U.S.C. 112(A) Or Pre – Aia 35 U.S.C. 112 (2)
The written description and enablement requirements are separate and distinct, as stated in the MPEP:
“This requirement is separate and distinct from the enablement requirement.”
While both requirements are part of 35 U.S.C. 112(a), they serve different purposes:
- The written description requirement ensures that the inventor had possession of the claimed invention at the time of filing.
- The enablement requirement ensures that the invention is described in sufficient detail for one skilled in the art to make and use it.
It’s possible for a specification to enable making and using the invention but still fail to provide adequate written description. Conversely, a specification might provide adequate written description but fail to enable the invention.
To learn more:
The ‘representative number of species’ concept is crucial in demonstrating adequate written description for a claimed genus. The MPEP explains:
“A “representative number of species” means that the species which are adequately described are representative of the entire genus. Thus, when there is substantial variation within the genus, one must describe a sufficient variety of species to reflect the variation within the genus.”
This is particularly important in unpredictable arts or when claiming a broad genus. A single species may not be sufficient to support claims to a broad genus if there is substantial variation within that genus. The number of species required depends on the particular invention, the size of the genus, and the level of skill and knowledge in the art.
To learn more:
Patent Law (2)
The written description and enablement requirements are separate and distinct, as stated in the MPEP:
“This requirement is separate and distinct from the enablement requirement.”
While both requirements are part of 35 U.S.C. 112(a), they serve different purposes:
- The written description requirement ensures that the inventor had possession of the claimed invention at the time of filing.
- The enablement requirement ensures that the invention is described in sufficient detail for one skilled in the art to make and use it.
It’s possible for a specification to enable making and using the invention but still fail to provide adequate written description. Conversely, a specification might provide adequate written description but fail to enable the invention.
To learn more:
The ‘representative number of species’ concept is crucial in demonstrating adequate written description for a claimed genus. The MPEP explains:
“A “representative number of species” means that the species which are adequately described are representative of the entire genus. Thus, when there is substantial variation within the genus, one must describe a sufficient variety of species to reflect the variation within the genus.”
This is particularly important in unpredictable arts or when claiming a broad genus. A single species may not be sufficient to support claims to a broad genus if there is substantial variation within that genus. The number of species required depends on the particular invention, the size of the genus, and the level of skill and knowledge in the art.
To learn more:
Patent Procedure (2)
The written description and enablement requirements are separate and distinct, as stated in the MPEP:
“This requirement is separate and distinct from the enablement requirement.”
While both requirements are part of 35 U.S.C. 112(a), they serve different purposes:
- The written description requirement ensures that the inventor had possession of the claimed invention at the time of filing.
- The enablement requirement ensures that the invention is described in sufficient detail for one skilled in the art to make and use it.
It’s possible for a specification to enable making and using the invention but still fail to provide adequate written description. Conversely, a specification might provide adequate written description but fail to enable the invention.
To learn more:
The ‘representative number of species’ concept is crucial in demonstrating adequate written description for a claimed genus. The MPEP explains:
“A “representative number of species” means that the species which are adequately described are representative of the entire genus. Thus, when there is substantial variation within the genus, one must describe a sufficient variety of species to reflect the variation within the genus.”
This is particularly important in unpredictable arts or when claiming a broad genus. A single species may not be sufficient to support claims to a broad genus if there is substantial variation within that genus. The number of species required depends on the particular invention, the size of the genus, and the level of skill and knowledge in the art.
To learn more: