Complying with the Statutory Written Description Requirement in a U.S. Utility Patent Application

摘要

Failure to comply with the written description requirement can result in a patent application being rejected or can be the basis for challenging validity of a patent. The U.S. patent system, which has its origin in the U.S. Constitution, provides as an incentive for inventors to disclose their inventions a limited exclusionary right during the term of the patent. More specifically, an inventor, or the inventor's assignee, has the right to keep others from making, using, offering for sale, selling, or importing the claimed invention. After expiration of the patent, the public obtains the right to make free use of the invention. In order for this right to be meaningful, the invention must be described in such clear and detailed terms that the public is provided with adequate guidance regarding how to practice the invention.