What is the relationship between undue experimentation and the enablement requirement?

What is the relationship between undue experimentation and the enablement requirement?

The enablement requirement is closely tied to the concept of undue experimentation. According to MPEP 2164, “The test of enablement is whether one reasonably skilled in the art could make or use the invention from the disclosures in the patent coupled with information known in the art without undue experimentation.” This means that:

• The specification must provide enough information to enable a person skilled in the art to make and use the invention without undue experimentation.
• If undue experimentation is required to practice the invention, the enablement requirement is not met.
• The determination of what constitutes undue experimentation is made on a case-by-case basis.

The MPEP states: “The test is not merely quantitative, since a considerable amount of experimentation is permissible, if it is merely routine, or if the specification in question provides a reasonable amount of guidance with respect to the direction in which the experimentation should proceed.” This indicates that some experimentation is allowed, as long as it’s not considered “undue.”

To learn more:

• enablement
• undue experimentation
• patent specification
• patent law