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a. Requirements
In addition to a summary of the relevant prior art and the invention, the PTO requires a detailed narrative description of the preferred embodiments of the invention referring to the figures and the numbered parts in the figures that accompany the patent application. The description should be detailed enough to enable a person skilled in the pertinent technology area to make and use the invention without undue experimentation (the "enablement" requirement). The description must also set forth the best mode of making and using the invention (the "best mode" requirement). The enablement and best mode requirements require that we not attempt to keep secret or otherwise suppress any of information that is provided to the PTO when filing a patent application. The description must provide clear support for all terms used in the claims, which define the scope of the patent protection for the invention when comparing the patent to prior art and any future similar products (i.e., infringement analysis). Typically, more than one claim is presented, either in independent or dependent form. An independent claim is a broader claim that stands alone. Dependent claims refer to and are dependent on an independent claim.
b. Duty of Disclosure
All individuals involved in any substantive way with the preparation or prosecution of a patent application, including the inventor and his or her attorney(s), have a duty to use candor and good faith in all communications with the PTO. This duty requires these persons to disclose to the PTO any and all information that they are aware of which is material to the examination of the patent application. Information is material if there is a substantial likelihood that a reasonable Patent Examiner at the PTO would consider the information important in deciding whether to allow the subject application to issue as a patent.
The patent attorney relies on the inventor to fully inform him or her of the information pertaining to the duty of disclosure. To accomplish this, the inventor must supply the patent attorney with true and complete copies of all relevant documents and monitor communications between the attorney and the PTO to ensure that any relevant information is fully and accurately disclosed in a timely manner.
c. Typical Patent Process
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