The specification must convey that the inventor had possession of the full claimed subject matter at filing. Ariad confirmed it is separate from enablement, and it constrains claims broadened during prosecution.
Priority claims depend on the requirement.
Alternative Names:
Written Description|Section 112 Written Description
Why it Matters?
Claims broadened during prosecution or added by continuation face the strongest challenges, since the original specification must support the later claim scope and applicants frequently claim beyond what they initially described. Comparing the asserted claims against the original disclosure identifies that gap. Priority date challenges also rest on the requirement, since inadequate support in a parent application moves the effective date later and exposes intervening prior art.
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Frequently asked questions
Which claims face the strongest challenge?
How does the requirement affect priority?
