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Legal Definitions - written description

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Definition of written description

In a legal context, a written description refers to a comprehensive and detailed textual account of an invention, a specific item, a process, or an agreement. Its purpose is to clearly articulate the nature, scope, and characteristics of the subject matter, often to establish proof of conception, ownership, or the precise terms of an obligation at a particular point in time.

  • Example 1 (Patent Application): An inventor submits a patent application for a novel water purification system. The application's written description section meticulously details the system's unique filtration stages, the chemical compounds involved, the specific design of its components, and how these elements interact to achieve superior purification. This detailed account demonstrates that the inventor had fully conceived and was in possession of this specific invention at the time the application was filed.

    Illustration: This example highlights how the written description in a patent context serves as evidence of the inventor's complete understanding and ownership of the invention's specifics, proving they had the invention in mind before claiming it.

  • Example 2 (Product Specification in a Contract): A manufacturing company agrees to produce custom medical devices for a client. The contract includes a written description that specifies the exact dimensions, materials, performance standards, safety features, and testing protocols for each device. This detailed description ensures both parties have an unambiguous understanding of the product to be manufactured, preventing disputes over quality or functionality.

    Illustration: Here, the written description defines the precise characteristics of a product to be delivered under a contract, establishing clear expectations and obligations for both the manufacturer and the client.

  • Example 3 (Property Easement Document): A landowner grants a utility company an easement to run power lines across their property. The legal document establishing this easement contains a written description that precisely outlines the exact path the power lines will take, the specific width of the easement corridor, any restrictions on the landowner's use of that area, and the utility company's access rights for maintenance.

    Illustration: This example shows how a written description can define specific rights and limitations related to property use, ensuring legal clarity for all parties involved regarding access and land utilization.

Simple Definition

The "written description" refers to a fundamental requirement in patent law that a patent application must adequately describe the invention. This ensures that the inventor was in possession of the claimed invention at the time the application was filed, demonstrating they had conceived of it.

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