What are the key disclosure requirements for a patent application under 35 U.S.C. 112(a)?
Under 35 U.S.C. 112(a), there are three key disclosure requirements for a patent application: Possession: The patentee must disclose sufficient information to demonstrate that the inventor had possession of the invention at the time of filing. Enablement: The disclosure must enable those skilled in the art to make and use the invention. Best Mode: The…
Read MoreHow can an applicant show possession of the claimed invention?
According to MPEP 2163.02, an applicant can show possession of the claimed invention in several ways: Describing the claimed invention with all of its limitations using words, structures, figures, diagrams, and formulas Description of an actual reduction to practice Showing that the invention was “ready for patenting” through disclosure of drawings or structural chemical formulas…
Read MoreWhat are some ways to demonstrate “possession” of an invention?
MPEP 2163.02 outlines several ways to demonstrate “possession” of an invention: Description of an actual reduction to practice Showing that the invention was “ready for patenting” Disclosure of drawings or structural chemical formulas that show the invention was complete Describing distinguishing identifying characteristics sufficient to show possession The MPEP cites several cases, including Pfaff v.…
Read MoreWhat evidence can be used to show possession of a claimed invention for priority purposes?
The MPEP 2304.02(c) provides guidance on the types of evidence that can be used to show possession of a claimed invention for priority purposes: Written description: A detailed explanation of how the earlier application supports each claim element. Charts: Visual representations showing the correlation between claim elements and the earlier application’s disclosure. Additional evidence: This…
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