How do courts determine if a disclosure is enabling in biological and chemical cases?

Courts consider several factors to determine if a disclosure is enabling in biological and chemical cases, including:

• The breadth of the claims
• The amount of direction or guidance provided
• The presence of working examples
• The nature of the invention
• The state of the prior art
• The relative skill of those in the art
• The predictability or unpredictability of the art
• The amount of experimentation necessary

These factors, known as the Wands factors, were established in In re Wands, 858 F.2d 731 (Fed. Cir. 1988). The MPEP Section 2164.06(b) provides examples of how courts have applied these factors in biological and chemical cases.

To learn more:

• enablement
• biological patents
• chemical patents
• Wands factors