Question 30
Domain 1: Patentability Requirements and Patent FundamentalsWhich of the following best describes the "written description" requirement under 35 U.S.C. § 112(a)?
Correct answer: B
Explanation
35 U.S.C. § 112(a) requires the specification to describe the invention in enough detail to show the inventor was in possession of it when the application was filed. The written description test asks whether the disclosure “reasonably conveys” that the inventor had the claimed invention at the time of filing, not merely that the inventor could later make it.
Why each option is right or wrong
A. The specification must describe how to use the invention
B. The specification must demonstrate that the inventor had possession of the claimed invention at the time of filing
35 U.S.C. § 112(a) requires the specification to contain a written description of the invention, and the Federal Circuit has long treated that as a separate requirement from enablement. The controlling inquiry is whether the filing, as of the application date, reasonably conveys to a person of ordinary skill in the art that the inventor was in possession of the claimed subject matter; later-developed support cannot cure an initial lack of possession.
C. The specification must include at least one working example
D. The specification must describe every possible embodiment of the invention