What happens if a claim lacks written description support?

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.

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Topics: MPEP 2100 - Patentability, MPEP 2163.01 - Support For The Claimed Subject Matter In Disclosure, Patent Law, Patent Procedure
Tags: 35 u.s.c. 112(a), claim rejection, patent examination, Written Description