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Written Description Workshop; Examining Claims for Compliance with 35 U.S.C. 112(a): Part II - Enablement = Focus on Electrical/Mechanical and Computer/Software-related Claims. Computer Based Training (CBT) [posted 10/15/2015] PowerPoint of the CBT [posted 10/07/2015] Antibody Decisions and Their Compliance with the Written Description Requirement

Examination Guidelines Update: Developments in the Obviousness Inquiry After KSR v. Teleflex (issued August 20, 2010) [USPTO-P-6] Written description. Clarification of Written Description Guidance for Claims Drawn to Antibodies and Status of 2008 Training Materials (issued February 22, 2018) [USPTO-P-7]. Separate maintenance fee payments during ...

On January 10, 2024, the director of the United States Patent and Trademark Office (USPTO) issued new guidelines on enablement under 35 U.S.C. § 112. The enablement rule requires that a patent teach a person of ordinary skill in the art to make and use the full scope of the claimed invention without undue experimentation.

The Written Description Requirement of 35 U.S.C. 112, first paragraph Yvonne “Bonnie” Eyler. Supervisory Patent Examiner. ... USPTO Written Description Guidelines, Examples, and Notices Written Description Guidelines (66 FR 1099 (Jan. 5, 2001); 1242 O.G. 168 (Jan. 30, 2001)

Office personnel should adhere to the following procedures when reviewing patent applications for compliance with the written description requirement of 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph. There is a presumption that an adequate written description of the claimed invention is present in the specification as filed, Wertheim, 541 F.2d at 262, 191 USPQ at 96, thus the ...

B. Purpose of the Guidelines The Written Description Guidelines are intended to assist USPTO per-sonnel in the determination of whether an adequate written description has been provided in a patent application.'3 The Guidelines are derived from 8. U.S. Department of Commerce, Manual of Patent Examining Procedures

The written description of an invention is a basic, yet complicated aspect of any patent application. This article is a detailed explainer. Contact Us (559) 436-3800. ... the court adopted the USPTO’s written description guidelines, which allow compliance through disclosure of sufficient details of the invention, such as structure, function ...

For generations the written description requirement had been confined to making sure that what was originally filed in the patent application adequately defined the full parameters of the ...

This conclusion will result in the rejection of the claims affected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C.112, first paragraph - description requirement, or denial of the benefit of the filing date of a previously filed application, as appropriate. See MPEP § 2163 for examination guidelines pertaining to the written description requirement.

As discussed in the Guidelines for Examination of Patent Applications under the 35 U.S.C. 112, paragraph 1, “Written Description” Requirement (attached as Appendix A - Fed. Reg. 66(4):1103), the examination of patent claims for compliance with the Written Description Requirement should include: 1.

The “written description” prong of 35 USC §112(a) requires that the written description be sufficient to demonstrate that the inventor had possession of the invention being claimed at the time the patent application was filed. In a recent case from the U.S. Court of Appeals for the Federal Circuit, the Court found the written description ...

The most recent iterations of the USPTO position can be found in “Written Description Training Materials, Rev. 1, March 25, 2008 2 and in the Manual of Patent Examining Procedure §2163 “Guidelines for Written Description Rejections.” 3 The USPTO guidance gives numerous examples of what will and will not satisfy the written description ...

If you have questions about the written description requirement or other aspects of the patent application process, feel free to reach out. Contact me at (949) 433-0900 for a consultation. As an Orange County Patent Attorney , I serve clients across Orange County, Irvine, Los Angeles, San Diego, and surrounding areas.

The written description question surrounding Xencor’s Jepson claim focused on whether the written description requirement even applied to the “anti-C5 antibody” recited in the preamble. In particular, Xencor argued that “because the ‘invention’ in a Jepson claim is the improvement, it needed only to have written description for that ...

The United States Patent and Trademark Office (USPTO) has specific procedures for examining written description compliance in patent applications. According to MPEP 2163.01: “While the test or analysis of description requirement and new matter issues is the same, the examining procedure and statutory basis for addressing these issues differ.”

Section 112 Written Description Requirement. To satisfy the written description requirement, a patent specification must describe the claimed invention in sufficient detail that one skilled in the art can reasonably conclude that the inventor had possession of the claimed invention. 35 U.S.C. 112(a) expressly provides:

There are many requirements for obtaining a patent. One of those is the written description requirement. Pursuant to 35 U.S.C. §112(a), the patent must There are many requirements for obtaining a patent. One of those is the written description requirement. Pursuant to 35 U.S.C. §112(a), the patent must describe the invention in writing. If the written description requirement is not met, the ...

See: MPEP §2163.06I Guidelines, Examples, & Notices USPTO written description Guidelines and Training Materials can be found in MPEP section 2163. More Tips Original Claims are part of the original specification as filed. Do not make a 35 USC §112, first paragraph, written description, rejection based on original claim language for the sole ...

Written Description Workshop 2 Relevant Excerpt from Provisional Specification [0001] A block diagram of the functional units of the information processing device 100 according to exemplary embodiments is described with reference to Figure 1. Figure 1 shows the information processing device 100 including a capturing unit 102 that captures an image