What is required if a patent application’s method requires a particular apparatus?
If a patent application’s method requires a particular apparatus, the application must provide sufficient disclosure of that apparatus if it’s not readily available. MPEP 2164.01(b) cites the case of In re Ghiron, which “made clear that if the practice of a method requires a particular apparatus, the application must provide a sufficient disclosure of the apparatus if the apparatus is not readily available.” This means that if your invention relies on a specific piece of equipment that isn’t commonly accessible, you need to describe it in enough detail for someone skilled in the art to make and use it.
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Topics:
MPEP 2100 - Patentability,
MPEP 2164.01(B) - How To Make The Claimed Invention,
Patent Law,
Patent Procedure