35 U.S.C. § 112 — Specification
submitted 74 years ago by ch. 950 to r/title-35-PATENTS · 336 words · no verdicts yet
This patent law explains what a patent application's written description, or "specification," must include. It must clearly explain the invention and end with one or more claims defining what's being patented. It also sets rules for how dependent and "means-plus-function" claims are written and interpreted.
The specification shall contain a written description of the invention*, and of the manner and process* of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor* or joint inventor* of carrying out the invention.
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
A claim may be written in independent or, if the nature of the case admits, in dependent or multiple dependent form.
Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
A claim in multiple dependent form shall contain a reference, in the alternative only, to more than one claim previously set forth and then specify a further limitation of the subject matter claimed. A multiple dependent claim shall not serve as a basis for any other multiple dependent claim. A multiple dependent claim shall be construed to incorporate by reference all the limitations of the particular claim in relation to which it is being considered.
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Source credit: (July 19, 1952, ch. 950, 66 Stat. 798; Pub. L. 89–83, § 9, July 24, 1965, 79 Stat. 261; Pub. L. 94–131, § 7, Nov. 14, 1975, 89 Stat. 691; Pub. L. 112–29, § 4(c), Sept. 16, 2011, 125 Stat. 296.)
- 1952Enacted · Act of July 19, 1952, ch. 950 · 66 Stat. 798
- 1965Amended · Pub. L. 89-83 · 79 Stat. 261
- 1975Amended · Pub. L. 94-131 · 89 Stat. 691
- 2011Amended · Pub. L. 112-29 · 125 Stat. 296
A history note hasn’t been published yet. The record shows enactment by ch. 950 on 1952-07-19.
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