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11.1.15 Invalidity - Written Description / Claiming Requirements

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Multi-State
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US-JURY-7THCIR-11-1-15
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Word
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Description

Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm

11.1.15 Invalidity — Written Description / Claiming Requirements is a set of requirements set by the U.S. Patent and Trademark Office (USPTO) that must be met by applicants who wish to claim an invention as invalid. This includes providing a detailed written description of the invention, and a detailed argument made by the applicant that the invention is invalid. The requirements are broken down into two categories: 1. Written Description Requirements: These requirements involve providing a detailed written description of the invention that the applicant wishes to invalidate. This description must include a concise statement of the purpose and structure of the invention, and must include any known prior art that could be relevant to the claim. 2. Claiming Requirements: These requirements involve the applicant providing an argument for why the claim is invalid. This argument must include a clear explanation of why the invention does not meet all the requirements for patent ability, such as novelty, non-obviousness, and utility. The applicant must provide evidence to support their argument of invalidity, such as examples of prior art that demonstrates why the invention is not patentable.

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FAQ

The five primary requirements for patentability are: (1) patentable subject matter, (2) utility, (3) novelty, (4) nonobviousness, and (5) enablement.

112(a) or pre- 35 U.S.C. 112, first paragraph that the specification describe how to make and how to use the invention. The invention that one skilled in the art must be enabled to make and use is that defined by the claim(s) of the particular application or patent.

The four requirements for a utility patent are: The invention must fall within one of the statutory classes. The invention must be useful. The invention must be novel. The invention must be nonobvious.

112, first paragraph require that the specification include the following: (A) A written description of the invention; (B) The manner and process of making and using the invention (the enablement requirement); and. (C) The best mode contemplated by the inventor of carrying out his invention.

Perhaps the key to understanding the difference between enablement and the written description requirement is that you can bootstrap knowledge of one of skill in the art into your application for enablement purposes, but no such bootstrapping is allowable under the written description requirement.

A written description is a way of explaining or showing what something is like using words or pictures. It can be used to describe a person, place, thing, or idea. In legal terms, a written description is a specific identification of something, like a list of items in an estate.

The written description requirement requires an inventor to write down how to make and use (i.e., enablement requirement) the invention. The written description includes the text and the drawings. By doing so, after the patent expires, the patent can be used to teach the public how to implement the invention.

More info

Once reopened, the district court held that ScriptPro's asserted claims invalid for lack of written description under 35 U.S.C. § 112, ¶ 1. The purpose of the written description analysis is to confirm that applicant had possession of what is claimed.Federal Circuit Deems Written Description Requirement Satisfied if Specification Identifies the Claimed Invention in a Definite Way.

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11.1.15 Invalidity - Written Description / Claiming Requirements