How does the description requirement differ between 35 U.S.C. 112(a) and AIA 35 U.S.C. 102(a)(1) or (a)(2)?
There is an important distinction between the description requirements of 35 U.S.C. 112(a) and AIA 35 U.S.C. 102(a)(1) or (a)(2): For 35 U.S.C. 112(a): “It is necessary that the specification describe and enable the entire scope of the claimed invention.” For AIA 35 U.S.C. 102(a)(1) or (a)(2): “The prior art document need only describe and…
Read MoreWhat are the requirements for describing biological material in a patent application?
According to MPEP 2406.01, there are specific requirements for describing biological material in a patent application: The biological material must be specifically identified in the application as filed. The description must be consistent with the requirements of 35 U.S.C. 112. The description should provide an antecedent basis for the biological material that will be or…
Read MoreIs it possible to satisfy 35 U.S.C. 112 description requirements if the biological material didn’t exist at the filing date?
While it’s extremely rare, the MPEP 2406.02 does not completely rule out the possibility of satisfying the description requirements of 35 U.S.C. 112 even if the biological material didn’t exist at the filing date. The MPEP states: “While few, if any, situations can be imagined where the description requirement of 35 U.S.C. 112 can be…
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