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Q43. Extent of Disclosure in the Description and Drawings vs. Broadness of Claims

Q43. Extent of Disclosure in the Description and Drawings vs. Broadness of Claims
 How the claims must be supported by the description?

A43. Art. 36(6)(i) requires “statement setting forth the invention for which patent is sought and which is described in the detailed description of the invention.” The JPO states that typical cases exhibiting nonconformity to the provision of Art. 36(6)(i) are presented as follows;
(1) the matter corresponding to claims is neither stated nor implied in a detailed description of the invention;
(2) the terms used in claims and those used in a detailed description of the invention are inconsistent, and as a result, the relationship between a claim and a detailed description of the invention is unclear;
(3) the matter disclosed in a detailed description of the invention cannot be extended and generalized to the scope of the matter in a claimed invention even if taking into account the common general knowledge as of the filing; or
(4) a means for solving the problems described in a detailed description of the invention is not reflected in the claims, and as a result, a patent beyond the scope described in a detailed description of the invention is consequently claimed.