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The First Paragraph of 35 U.S.C. § 112


The first paragraph of 35 U.S.C. § 112 sets forth the disclosure requirements for information that must be provided in a patent application. The paragraph contains three requirements: enablement, written description and best mode. FoundPersuasive contributor and co-founder Sheetal Patel has put together a PowerPoint presentation that provides an overview of the requirements of the first paragraph of 35 U.S.C. § 112. To view the presentation, click Here.

Important Note

It is noteworthy that the upcoming en banc rehearing of the Ariad case by the Court of Appeals for the Federal Circuit may change the written description requirement, or less likely, remove the requirement entirely. To view an article discussing the case, click Here.