Is it necessary to disclose critical values or proportions in the specification?

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.

According to MPEP 716.02(f), it is not necessary to disclose critical values or proportions in the specification for applicants to present evidence showing these values or proportions to be critical. The section specifically states: “The specification need not disclose proportions or values as critical for applicants to present evidence showing the proportions or values to be critical.”

This means that applicants can introduce evidence of criticality during the prosecution process, even if the specific critical values or proportions were not initially disclosed in the specification. However, it’s important to note that such evidence should be presented in a timely manner and should clearly demonstrate the criticality of the claimed values or proportions in relation to the invention’s unexpected results or advantages.