What is the burden on the examiner regarding the written description requirement?

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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. The examiner has the initial burden of presenting evidence why a person skilled in the art would not recognize in an applicant’s disclosure a description of the invention defined by the claims. This is known as establishing a prima facie case. According to MPEP 2163.04 , “The examiner has the initial burden of presenting by a preponderance of evidence why a person skilled in the art would not recognize in an applicant’s disclosure a description of the invention defined by the claims.” The examiner must provide reasons and evidence to support their conclusion, not just make general allegations. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner Must Establish Prima Facie Case of Inadequate Written Description MPEP 2163 Establish Prima Facie Case for Lack of Written Description MPEP 2163.04 Examiner Must Provide Reasonable Basis to Challenge Written Description Adequacy MPEP 2163 Required Examiner Must Support Lack of Written Description MPEP 2163.04 Required Examiner Must Prove Inadequate Description MPEP 2163.04 Examiner Must Present Evidence to Challenge Adequacy of Written Description MPEP 2163.04 Examiner Must Provide Reasonable Basis to Challenge Adequacy of Description MPEP 2163.04 Written Description Requirement for Genus Species MPEP 2163 Written Description Requirement Must Be Satisfied By Broad Disclosure MPEP 2163 Requirement for Complete Written Description of Invention MPEP 2163 Required Other Related FAQs 5 FAQs Collapse How is the adequacy of written description determined in patent applications? How should a patent examiner respond to an applicant&#8217;s reply to a written description rejection? Can a patent examiner suggest amendments to c...