How does amending a claim affect the written description requirement?
Amending a claim can potentially raise written description issues. According to MPEP 2163.03:
“An amendment to the claims or the addition of a new claim must be supported by the description of the invention in the application as filed.”
This means that any changes to the claims must be supported by the original disclosure. Even indirect changes can affect a claim:
“An amendment to the specification (e.g., a change in the definition of a term used both in the specification and claim) may indirectly affect a claim even though no actual amendment is made to the claim.”
Therefore, when amending claims, it’s crucial to ensure that the amendments are fully supported by the original specification to avoid written description issues.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2163.03 - Typical Circumstances Where Adequate Written Description Issue Arises,
Patent Law,
Patent Procedure