What constitutes a violation of the written description requirement when changing claim scope?
Changing the scope of claims after filing can violate the written description requirement of 35 U.S.C. 112(a) in several ways:
- Broadening claims by removing limitations
- Narrowing claims by adding unsupported elements
- Altering numerical range limitations
- Using claim language not synonymous with the original disclosure
As stated in MPEP 2163.05: “The failure to meet the written description requirement of 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, commonly arises when the claims are changed after filing to either broaden or narrow the breadth of the claim limitations, or to alter a numerical range limitation or to use claim language which is not synonymous with the terminology used in the original disclosure.”
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2163.05 - Changes To The Scope Of Claims,
Patent Law,
Patent Procedure