Intellectual Property,
Civil Rights
Apr. 18, 2018
Satisfying the patent application written description requirement
A recent Federal Circuit decision is another example of how to reason through whether the written description is satisfied.
James C. Yang
Klein O'Neill & SinghEmail: jamesyang@koslaw.com
James is a patent attorney and helps inventors and mid-sized businesses secure intellectual property rights for their inventions. He publishes patent-related articles at www.ocpatentlawyer.com. He is the author of "Navigating the Patent System" and is a principal at Stetina Brunda Garred and Brucker.
[See attachments below.]
The written description requirement for a U.S. patent application is stated in 35 U.S.C. Section 112, which recites that the "specification shall contain a written description of the invention." The standard for written description is whether the disclosure or application reasonably conveys to those skilled in the art that the inventor had possession of the claimed subject matter. A body of case law exists that informs the inventi...
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