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 enable one skilled in the art to make a single species or embodiment of the claimed invention.”
This difference means that a prior art document can anticipate a claimed invention by describing just one embodiment, while a patent application must provide support for the full scope of the claimed invention.
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Topics:
MPEP 2100 - Patentability,
MPEP 2152.02(B) - Described In A Printed Publication,
Patent Law,
Patent Procedure