What happens if a claim lacks written description support?

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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. If a claim lacks written description support, it can lead to significant consequences in the patent examination process. The MPEP 2163.01 states: “If the examiner concludes that the claimed subject matter is not supported [described] in an application as filed, this would result in a rejection of the claim on the ground of a lack of written description under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, or denial of the benefit of the filing date of a previously filed application.” This means that the examiner may reject the claim or deny the priority date, which can potentially affect the patentability of the invention. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claim Must Be Described In Application As Filed MPEP 2163.01 Requirement for Adequate Written Description Support MPEP 2163 Recommended Review Basis for Lack of Written Description Before Repeating Rejection MPEP 2163 Thorough Review Before Lack of Written Description Rejection MPEP 2163 Invention Must Be Adequately Described in Disclosure MPEP 2163 Required Written Description Requirement for Product-by-Process Claims MPEP 2163 Prohibited Written Description Requirement for Genus MPEP 2163 Permitted Disclosure of Genus Requires Support for All Species MPEP 2163 Written Description Requirement for Genus Diversity MPEP 2163 Required Written Description Requirement for Genus Species MPEP 2163 Other Related FAQs 5 FAQs Collapse What happens if a patent application fails to meet the written description requirement? Can the written description requirement be satisfied by inherent disclosure? What is the legal basis for the written description requirement? How does new matter differ from la...