What is the legal basis for the written description requirement?
The written description requirement is grounded in U.S. patent law, specifically in 35 U.S.C. 112(a). The MPEP 2163.01 references this legal basis:
“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.”
This statute requires that the specification contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to make and use the same.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2163.01 - Support For The Claimed Subject Matter In Disclosure,
Patent Law,
Patent Procedure