What is the role of the examiner in assessing the written description requirement?
The examiner plays a crucial role in assessing whether a patent application meets the written description requirement. According to MPEP 2163.02:
“The examiner has the initial burden of presenting evidence or reasoning to explain why persons skilled in the art would not recognize in the original disclosure a description of the invention defined by the claims.”
The examiner’s responsibilities include:
- Thoroughly reviewing the entire application
- Analyzing whether the specification provides sufficient support for the claimed invention
- Providing clear explanations and evidence if a written description rejection is made
- Considering the applicant’s arguments and evidence in response to rejections
The examiner must make a decision based on the preponderance of evidence, taking into account the nature of the invention and the level of skill in the art.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2163.02 - Standard For Determining Compliance With The Written Description Requirement,
Patent Law,
Patent Procedure