What is essential material in patent applications?

Essential material is defined in 37 CFR 1.57(d) as material that is necessary to:

  • Provide a written description of the claimed invention as required by 35 U.S.C. 112(a)
  • Describe the claimed invention in terms that particularly point out and distinctly claim the invention as required by 35 U.S.C. 112(b)
  • Describe the structure, material, or acts that correspond to a claimed means or step for performing a specified function as required by 35 U.S.C. 112(f)

Essential material may only be incorporated by reference to a U.S. patent or patent application publication.

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Topics: Patent Law, Patent Procedure
Tags: incorporation by reference