35 U.S.C. § 112

What a Patent Must Explain

This week’s Statute Breakdown looks at section 112, the connection between a patent’s written description and the claims that define the invention.

The Statute

Section 112 addresses the specification. Subsection (a) calls for a written description of the invention and of how to make and use it, with enough detail to enable a person skilled in the relevant art. It also includes a best-mode requirement.

The Claims Have Their Own Job

Subsection (b) requires claims that particularly identify and distinctly claim the subject matter regarded as the invention. The description explains. The claims define. Both belong in the same reading exercise.

Try It With a Drawing

Open a utility patent and choose one independent claim. Find a term in that claim, then look for the specification’s explanation and any corresponding figure. That exercise helps connect the document’s parts. It does not decide whether a patent satisfies section 112.

See how to read a patent and what patent claims are. Future installments will take one statute at a time.

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