How is the adequacy of written description determined in patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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 adequacy of written description in patent applications is determined on a case-by-case basis and is a question of fact. The MPEP 2163.04 states: “The inquiry into whether the description requirement is met must be determined on a case-by-case basis and is a question of fact. In re Wertheim, 541 F.2d 257, 262, 191 USPQ 90, 96 (CCPA 1976).” Initially, the description as filed is presumed to be adequate, unless the examiner presents sufficient evidence or reasoning to rebut this presumption. The examiner must have a reasonable basis to challenge the adequacy of the written description. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Description Requirement Determined on a Case-by-Case Basis MPEP 2163 Required Examiner Must Provide Reasonable Basis to Challenge Written Description Adequacy MPEP 2163 Required Examiner Must Provide Reasonable Basis to Challenge Adequacy of Description MPEP 2163.04 Examiner Must Support Lack of Written Description MPEP 2163.04 Required Examiner Must Present Evidence to Challenge Adequacy of Written Description MPEP 2163.04 Thorough Review Before Lack of Written Description Rejection MPEP 2163 Written Description Requirement for Genus Species MPEP 2163 Written Description Requirement Must Be Satisfied By Broad Disclosure MPEP 2163 Written Description Requirement Can Be Met with Function and Minimal Structure MPEP 2163 Permitted Written Description Requirement Not Necessarily Detailed MPEP 2163 Required Other Related FAQs 5 FAQs Collapse What is the burden on the examiner regarding the written description requirement? How should a patent examiner respond to an applicant&#8217;s reply to a written description rejection? Can a patent e...