What is the presumption regarding the adequacy of a description as filed in a patent application?
In patent law, there is a presumption that the description as filed in a patent application is adequate. This presumption remains in effect unless the examiner presents sufficient evidence or reasoning to rebut it.
According to MPEP 2163.04:
“A description as filed is presumed to be adequate, unless or until sufficient evidence or reasoning to the contrary has been presented by the examiner to rebut the presumption. See, e.g., In re Marzocchi, 439 F.2d 220, 224, 169 USPQ 367, 370 (CCPA 1971).”
This presumption places the initial burden on the examiner to demonstrate why the description might be inadequate, rather than requiring the applicant to prove its adequacy from the outset. It’s an important principle that helps balance the examination process and protects applicants from unwarranted rejections.
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