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35 U.S.C. § 112Specification

submitted 74 years ago by ch. 950 to r/title-35-PATENTS · 336 words · no verdicts yet

in plain englishAI-generated · not legal advice

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.

(a) In General: the specification must describe the invention, and how to make and use it, clearly and completely enough that someone skilled in that field could make and use it. It must also describe the best way the inventor knows to carry out the invention. (b) Conclusion: the specification must end with one or more "claims" that specifically point out and define what the inventor considers the invention. (c) Form: a claim can be written as independent, or — if the situation allows — as dependent or multiple dependent. (d) Reference in Dependent Forms: subject to (e), a dependent claim must refer back to an earlier claim and then add a further limitation. A dependent claim is read as including everything the claim it refers to already covers. (e) Reference in Multiple Dependent Form: a multiple dependent claim must refer, only as alternatives, to more than one earlier claim, and then add a further limitation. It can't be the basis for another multiple dependent claim. It's read as including everything covered by whichever specific claim is being considered. (f) Element in Claim for a Combination: a claim covering a combination can describe one part as a "means" or "step" for doing something, without spelling out its exact structure or materials. That kind of claim is read as covering whatever structure, material, or steps the specification actually describes for doing that job — and their equivalents.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

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.

(b)Conclusion.—

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.

(c)Form.—

A claim may be written in independent or, if the nature of the case admits, in dependent or multiple dependent form.

(d)Reference in Dependent Forms.—

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.

(e)Reference in Multiple Dependent Form.—

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.

(f)Element in Claim for a Combination.—

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.)

history & why it existsrecord from the source credit
  • 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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