PCT AG-IP 5.094 How must the description be drafted?

Article 5
11(1)(iii)(d)
Rule 5
Section 204

5.094.   How must the description be drafted?  The description must disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art.  It must start with the title of the invention as appearing in Box No. I of the request.  Rule 5 contains detailed requirements as to the “manner and order” of the description, which, generally, should be in six parts.  Those parts should have the following headings:  “Technical Field,” “Background Art,” “Disclosure of Invention,” “Brief Description of Drawings,” “Best Mode for Carrying Out the Invention” or, where appropriate (see paragraph 5.096), “Mode(s) for Carrying Out the Invention,” “Industrial Applicability,” and, where applicable, “Sequence Listing” and “Sequence Listing Free Text.”

5.095.   The details required for the disclosure of the invention so that it can be carried out by a person skilled in the art depend on the practice of the national Offices.  It is therefore recommended that due account be taken of national practice (for instance in Japan and the United States of America) when the description is drafted.  The need to amend the description during the national phase (see paragraph 5.111 below) may thus be avoided.

Rule 5.1(a)(v)

5.096.   What is said in paragraph 5.095 applies likewise to the need to indicate the “best mode for carrying out the invention.”  If at least one of the designated Offices requires the indication of the “best mode” (for instance, the United States Patent and Trademark Office), that best mode must be indicated in the description.

5.097.   A description drafted with due regard to what is said in paragraphs 5.094 to 5.096 will be accepted by all the designated Offices.  It might require more care than the drafting of a national patent application, but certainly much less effort than the drafting of multiple applications, which is necessary where the PCT route is not used for filing in several countries.

5.098.   The requirement of unity of invention is discussed, in connection with the claims, in paragraphs 5.114 to 5.123.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip05.html

Date retrieved: 24 November 2017

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