What is the relationship between the detailed description and the claims in a patent application?
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 detailed description and the claims in a patent application have a crucial interdependent relationship. According to MPEP 608.01(g):
“The description is a dictionary for the claims and should provide clear support or antecedent basis for all terms used in the claims.”
This relationship is characterized by several key aspects:
- Support for Claims: The detailed description must provide sufficient information to support all the elements mentioned in the claims.
- Antecedent Basis: Terms used in the claims should be introduced and explained in the description, establishing an antecedent basis.
- Illustration Requirement: As stated in MPEP 608.01(g), “Every feature specified in the claims must be illustrated.”
- Clarity and Enablement: The description should enable a person skilled in the art to understand and implement the claimed invention without undue experimentation.
- Consistency: The terminology used in the claims should be consistent with that used in the description.
For more information on the relationship between claims and the specification, refer to MPEP § 608.01(o) and § 2111.01. Maintaining a clear and supportive relationship between the description and claims is essential for a strong and enforceable patent.