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Legal Definitions - adequacy of disclosure

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A 'reasonable person' is a legal fiction I'm pretty sure I've never met.

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Definition of adequacy of disclosure

Adequacy of disclosure refers to the requirement that a patent application must provide enough information for someone skilled in the relevant field to make and use the invention. This includes disclosing the best way the inventor knows to make and use the invention, and showing that the inventor was in full possession of the invention on the application's filing date.

If a patent fails to meet any of these requirements, it may be rejected. An issued patent with an inadequate disclosure is invalid, although the challenger has to overcome the presumption of validity.

Let's say an inventor has created a new type of battery that is more efficient than any other battery on the market. In order to obtain a patent for this invention, the inventor must provide a detailed description of how the battery is made and how it works. This description must be clear enough for someone skilled in the field of battery technology to understand and replicate the invention.

If the inventor fails to provide enough information, the patent may be rejected or invalidated. For example, if the inventor only provides a vague description of the battery's components and how they work together, this may not be enough to satisfy the adequacy of disclosure requirement.

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Simple Definition

Adequacy of disclosure refers to the requirement that a patent application must provide enough detailed information for someone skilled in the field to make and use the invention. The application must also disclose the best way the inventor knows to make and use the invention, and show that the inventor was in full possession of the invention on the application's filing date. If a patent fails to meet any of these requirements, it may be rejected or invalidated.

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A good lawyer knows the law; a great lawyer knows the judge.

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