What are the three requirements for a patent specification under 35 U.S.C. 112(a)?

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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 three requirements for a patent specification under 35 U.S.C. 112(a) are: Written description Enablement Best mode As stated in the MPEP: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. This means that the specification must describe the invention, enable someone skilled in the art to make and use it, and disclose the best way to carry out the invention known to the inventor. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Written Description and Enablement Requirement MPEP 2161 Requirement for Written Description and Best Mode Disclosure MPEP 2166 Utility Requirements for Patent Applications MPEP 2166 Best Mode Must Be Disclosed If Not In Application MPEP 715.10 Required Written Description Requirement for Invention MPEP 2166 Recommended Specification Must Describe Invention Completely MPEP 2161 Specification Must Describe Invention Completely MPEP 2161 Best Mode Is a Separate Requirement from Enablement MPEP 2161 Best Mode Must Not Invalidate Patent MPEP 2165 Prohibited Best Mode Not Altering Examining Practices MPEP 2165 Other Related FAQs 5 FAQs Collapse What is the best mode requirement in patent specifications? What are the consequences of failing to meet one of the requirements under 35 U.S.C. 112(a)? Can a patent specification be enabling without describing the invention? How do the requ...