Is an example always required in a patent specification to satisfy enablement?
Is an example always required in a patent specification to satisfy enablement?
No, an example is not always required in a patent specification to satisfy the enablement requirement. According to MPEP 2164.01(b):
“The specification need not contain an example if the invention is otherwise disclosed in such manner that one skilled in the art will be able to practice it without an undue amount of experimentation.”
This means that while examples can be helpful, they are not mandatory if the specification provides sufficient information for a person skilled in the art to make and use the invention without undue experimentation. The key is to ensure that the disclosure, whether through examples or other means, enables the full scope of the claimed invention.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2164.01(B) - How To Make The Claimed Invention,
Patent Law,
Patent Procedure