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Basis
Basis
The passage(s) of a patent application as originally filed that disclose specific subject-matter.
When making an amendment to a patent application it is necessary to identify the basis for that amendment in the application as originally filed. In a similar manner, for a priority claim to be valid, the relevant subject-matter must have basis in the earlier application from which priority is claimed. Likewise, for a divisional application to be valid, its subject-matter must have basis in the parent application.
For subject-matter to have basis, it must be "directly and unambiguously derivable" from the passage(s) relied on. Where this is not the case, such subject-matter is said to "lack basis".
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