The USPTO is hosting a roundtable and soliciting public comments on how the written description requirement should be applied to design applications on March 5, 2014.
As background at the Design Patent Conference Design Day 2013: Designs in the New
Digital Age on April 23, 2013, an attendee asked whether an originally disclosed
design provides an adequate written description where a new
or amended claim is presented or where a claim is made for an earlier effective filing date under 35 U.S.C.
120.
More specifically, the USPTO is considering how the written description requirement under 35
U.S.C. 112(a) is applied to design applications where only a subset of
elements of the original disclosure are shown using solid lines in an
amendment or continuation application."
See the USPTO Request for Comments and Notice of Roundtable Event on the Written Description Requirement for Design Applications.
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