Patents: disclosure

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
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Related Notes

Related Commentary