B. 35 USCS § 112
Application for patent must contain a written description of the invention and discovery. It shall “particularly point out and distinctly claim” subject matter the applicant claims as his invention or discovery. The patentee is required to describe the invention so that others may construct and use it after expiration of patent, and to inform the public during the life of the patent of limits of monopoly asserted to identify the features that may be safely used or manufactured without license and those that may not be used. Permutit Co. v Graver Corp. (1931) 284 US 52, 76 L Ed 163, 52 S Ct 53; Schriber-Schroth Co. v Cleveland Trust Co. (1938) 305 US 47, 83 L Ed 34, 59 S Ct 8, reh den (1938) 305 US 674, 83 L Ed 436, 59 S Ct 246.
Full disclosure in patent is important to patent law in order to protect persons from uncertainty as to their rights and to ensure ultimate dedication to public. Van Brode Milling Co. v Cox Air Gauge System, Inc. (1960, CA9 Cal) 279 F2d 313, 125 USPQ 510.
Underlying 35 USCS § 112 is public policy of exacting disclosure of invention in return for monopoly for stated term so that public will have knowledge with which to use invention when monopoly expires, and policy is unsatisfied if description of invention is inadequate to enable any person skilled in art to make and use invention. Vanity Fair Mills, Inc. v Cusick (1956, DC NJ) 143 F Supp 452, 110 USPQ 222.
The statutory requirement of full disclosure is basic to underlying the policies of patent law; the principal purpose of patent law is to make sure that the subject of a patent will be dedicated ultimately to public; 35 USCS § 112 seeks not only to enable public to reconstruct device at expiration of patent, but also to guard against unreasonable advantages to patentee and disadvantages to others arising from uncertainty as to their rights. Zoomar, Inc. v Paillard Products, Inc. (1957, DC NY) 152 F Supp 328, 113 USPQ 469, affd (1958, CA2 NY) 258 F2d 527, 118 USPQ 392, cert den (1958) 358 US 908, 3 L Ed 2d 230, 79 S Ct 237, 119 USPQ 502.
The function of 35 USCS § 112 is to insure complete public disclosure; this is violated only if disclosure is not complete at time it is made public, i.e., at issue date. In re Hawkins (1973, Cust & Pat App) 486 F2d 569, 179 USPQ 157.
C. USPTO: Manual of Patent Examining Procedure -- i. 2104 Patentable Subject Matter [R-9]
Full disclosure in patent is important to patent law in order to protect persons from uncertainty as to their rights and to ensure ultimate dedication to public. Van Brode Milling Co. v Cox Air Gauge System, Inc. (1960, CA9 Cal) 279 F2d 313, 125 USPQ 510.
Underlying 35 USCS § 112 is public policy of exacting disclosure of invention in return for monopoly for stated term so that public will have knowledge with which to use invention when monopoly expires, and policy is unsatisfied if description of invention is inadequate to enable any person skilled in art to make and use invention. Vanity Fair Mills, Inc. v Cusick (1956, DC NJ) 143 F Supp 452, 110 USPQ 222.
The statutory requirement of full disclosure is basic to underlying the policies of patent law; the principal purpose of patent law is to make sure that the subject of a patent will be dedicated ultimately to public; 35 USCS § 112 seeks not only to enable public to reconstruct device at expiration of patent, but also to guard against unreasonable advantages to patentee and disadvantages to others arising from uncertainty as to their rights. Zoomar, Inc. v Paillard Products, Inc. (1957, DC NY) 152 F Supp 328, 113 USPQ 469, affd (1958, CA2 NY) 258 F2d 527, 118 USPQ 392, cert den (1958) 358 US 908, 3 L Ed 2d 230, 79 S Ct 237, 119 USPQ 502.
The function of 35 USCS § 112 is to insure complete public disclosure; this is violated only if disclosure is not complete at time it is made public, i.e., at issue date. In re Hawkins (1973, Cust & Pat App) 486 F2d 569, 179 USPQ 157.
C. USPTO: Manual of Patent Examining Procedure -- i. 2104 Patentable Subject Matter [R-9]
Copyright 2014-2015 by Dennis O'Reilly/Rag Hall -- All rights reserved.