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