How does the USPTO determine if the written description requirement is met?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The USPTO determines if the written description requirement is met through a case-by-case analysis. According to MPEP 2163.02 : “The fundamental factual inquiry is whether the specification conveys with reasonable clarity to those skilled in the art that, as of the filing date sought, applicant was in possession of the invention as now claimed.” This assessment involves: Reviewing the entire application to understand what the applicant has invented and is seeking to patent Determining whether there is sufficient written description to inform a skilled artisan that applicant was in possession of the claimed invention as a whole at the time the application was filed Considering the nature and specific aspect of the invention, the state of the prior art, and the level of skill in the art Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Inventor Must Be In Possession of Broad Claimed Invention MPEP 2163 Requirement for Determining Written Description Compliance MPEP 2163 Written Description Requirement for Invention Possession MPEP 2163 Description Requirement Determined on a Case-by-Case Basis MPEP 2163 Required Written Description Requirement Can Be Met with Function and Minimal Structure MPEP 2163 Permitted Written Description Requirement Ensures Claims Match Specification MPEP 2163 Written Description Requirement for Genus Species MPEP 2163 Written Description Requirement Must Be Satisfied By Broad Disclosure MPEP 2163 Drawings May Provide Sufficient Written Description MPEP 2163 Required Written Description Requirement Not Necessarily Detailed MPEP 2163 Required Other Related FAQs 5 FAQs Collapse Can an applicant amend the specification to meet the written descr...