§ 112. — Specification.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC112]
TITLE 35--PATENTS
PART II--PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
CHAPTER 11--APPLICATION FOR PATENT
Sec. 112. Specification
The specification shall contain a written description of the
invention, and of the manner and process of making and using it, in such
full, clear, concise, and exact terms as to enable any person skilled in
the art to which it pertains, or with which it is most nearly connected,
to make and use the same, and shall set forth the best mode contemplated
by the inventor of carrying out his invention.
The specification shall conclude with one or more claims
particularly pointing out and distinctly claiming the subject matter
which the applicant regards as his invention.
A claim may be written in independent or, if the nature of the case
admits, in dependent or multiple dependent form.
Subject to the following paragraph, a claim in dependent form shall
contain a reference to a claim previously set forth and then specify a
further limitation of the subject matter claimed. A claim in dependent
form shall be construed to incorporate by reference all the limitations
of the claim to which it refers.
A claim in multiple dependent form shall contain a reference, in the
alternative only, to more than one claim previously set forth and then
specify a further limitation of the subject matter claimed. A multiple
dependent claim shall not serve as a basis for any other multiple
dependent claim. A multiple dependent claim shall be construed to
incorporate by reference all the limitations of the particular claim in
relation to which it is being considered.
An element in a claim for a combination may be expressed as a means
or step for performing a specified function without the recital of
structure, material, or acts in support thereof, and such claim shall be
construed to cover the corresponding structure, material, or acts
described in the specification and equivalents thereof.
(July 19, 1952, ch. 950, 66 Stat. 798; Pub. L. 89-83, Sec. 9, July 24,
1965, 79 Stat. 261; Pub. L. 94-131, Sec. 7, Nov. 14, 1975, 89 Stat.
691.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., Sec. 33 (R.S. 4888, amended (1)
Mar. 3, 1915, ch. 94, Sec. 1, 38 Stat. 958; (2) May 23, 1930, ch. 312,
Sec. 2, 46 Stat. 376).
The sentence relating to signature of the specification is omitted
in view of the general requirement for a signature in section 111.
The last sentence is omitted for inclusion in the chapter relating
to plant patents.
The clause relating to machines is omitted as unnecessary and the
requirement for disclosing the best mode of carrying out the invention
is stated as generally applicable to all types of invention (derived
from Title 35, U.S.C., 1946 ed., Sec. 69, first defense).
The clause relating to the claim is made a separate paragraph to
emphasize the distinction between the description and the claim or
definition, and the language is modified.
A new paragraph relating to functional claims is added.
Amendments
1975--Pub. L. 94-131 substituted provision authorizing the writing
of claims, if the nature of the case admits, in dependent or multiple
dependent form for prior provision for writing claims in dependent form,
required claims in dependent form to contain a reference to a claim
previously set forth and then specify a further limitation of the
subject matter claimed, substituted text respecting construction of a
claim in dependent form so as to incorporate by reference all the
limitations of the claim to which it refers for prior text for
construction of a dependent claim to include all the limitations of the
claim incorporated by reference into the dependent claim, and inserted
paragraph respecting certain requirements for claims in multiple
dependent form.
1965--Pub. L. 89-83 permitted a claim to be written in independent
or dependent form, and if in dependent form, required it to be construed
to include all the limitations of the claim incorporated by reference
into the dependent claim.
Effective Date of 1975 Amendment
Amendment by Pub. L. 94-131 effective Jan. 24, 1978, and applicable
on and after that date to patent applications filed in the United States
and to international applications, where applicable, see section 11 of
Pub. L. 94-131, set out as an Effective Date note under section 351 of
this title.
Effective Date of 1965 Amendment
Amendment by Pub. L. 89-83 effective three months after July 24,
1965, see section 7(a) of Pub. L. 89-83, set out as a note under section
41 of this title.
Section Referred to in Other Sections
This section is referred to in sections 41, 111, 119, 120, 157, 162,
282 of this title.
