What are the typical circumstances where an adequate written description issue arises?

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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. According to MPEP 2163.03 , there are six typical circumstances where an adequate written description issue can arise: Amendment affecting a claim Reliance on filing date of parent application under 35 U.S.C. 120 Reliance on priority under 35 U.S.C. 119 Support for a claim corresponding to a count in an interference Original claim not sufficiently described Indefiniteness rejection of a means- (or step-) plus-function limitation These circumstances typically involve determining whether the subject matter of a claim is supported in an application as filed. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Adequate Written Description of Invention MPEP 2163.03 Requirement for Adequate Written Description of Genus MPEP 2163 Required Requirement to Rebut Adequate Written Description for Original Claims MPEP 2163.03 Requirement for Adequate Written Description Support MPEP 2163 Recommended Requirement for Adequate Written Description After Applicant Response MPEP 2163 Written Description Must Support Claims MPEP 2163.03 Required Claim to Species Must Meet Written Description Test MPEP 2163 Required Claims Entitled to Earlier Filing Date Under 35 U.S.C. 120 MPEP 2163.03 Original Claim Must Describe Invention Adequately MPEP 2163.03 Permitted Thorough Review Before Lack of Written Description Rejection MPEP 2163 Other Related FAQs 5 FAQs Collapse How does amending a claim affect the written description requirement? How does functional language in original claims affect written description requirements? How does the written description requirement relate to means-plus-function claim limitations? Can an original claim lack written description support? What ...