What is the relationship between 35 U.S.C. 112(a) and (b)?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
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 requirements of 35 U.S.C. 112(a) and (b) are separate and distinct. As stated in the MPEP 2174: “The requirements of 35 U.S.C. 112(a) and (b) or the first and second paragraphs of pre-AIA 35 U.S.C. 112 are separate and distinct.” This means that a patent application must satisfy both requirements independently.
Topics:
First And Second Paragraphs
MPEP 2100 - Patentability
MPEP 2174 - Relationship Between The Requirements Of 35 U.S.C. 112(A) And (B) Or Pre - Aia 35 U.S.C. 112
Patent Law
Patent Procedure