What is the significance of 35 U.S.C. 112 in patent examination?
35 U.S.C. 112 is a crucial statute in patent law that sets forth several requirements for the specification and claims of a patent application. The MPEP 706.03 mentions that rejections based on 35 U.S.C. 112 are discussed in MPEP §§ 2161 – 2174 and 2185. These rejections are significant because they address fundamental aspects of patent disclosure and claim clarity.
Key requirements under 35 U.S.C. 112 include:
- Written description (112(a)): Ensures the applicant has possession of the claimed invention
- Enablement (112(a)): Requires the specification to teach how to make and use the invention
- Definiteness (112(b)): Ensures claims are clear and definite
- Means-plus-function claims (112(f)): Provides rules for interpreting functional claim language
Rejections under 35 U.S.C. 112 are not based on prior art but on the application’s compliance with these statutory requirements. They play a crucial role in ensuring that patents provide clear and complete disclosures of inventions to the public.
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