The point of this blog is to capture my own class notes during my tenure as a law student. Everything on here is my own work and reflects the knowledge and understanding of the law I possessed at the time. This work is licensed under a Creative Commons Attribution-Noncommercial 3.0 License. Please do not rely on this blog for legal advice. Consult an attorney for proper legal counseling.

April 30, 2008

Patents: disclosure
Related Articles:

,

Describing and Enabling the Invention

Section 112 of the Patent Act requires:

  1. Written description
  2. Enablement
  3. Best mode
Purpose
  • Want to make sure description actually teaches society something
  • Tells us you have in hand what you claim
  • Encourages further "downstream innovation"
  • So that public can know limit of rights granted by patent, must have notice
  • Don't want to allow over-broad/over-reaching claims
  • Make sure you've given enough: whether you've provided society with enough value to deserve a reward