How does the filing date affect the determination of enablement?

The filing date plays a crucial role in determining enablement. According to MPEP 2164.05(a):

“The state of the art existing at the filing date of the application is used to determine whether a particular disclosure is enabling as of the filing date.” This means that:

• The specification must be enabling as of the filing date
• The state of the prior art is evaluated based on the filing date
• Post-filing date references generally cannot be used to demonstrate lack of enablement

The MPEP further clarifies: “It is entirely possible that a disclosure which would not have been enabled if filed on January 2, 1990 might be enabled if the same disclosure had been filed on January 2, 1996.” This underscores the importance of the filing date in enablement determinations.

To learn more:

• filing date
• enablement
• prior art
• patent application