What is enablement in patent law and why is it important?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Enablement is a key requirement in patent law that ensures the disclosure in a patent application is sufficient to allow a person skilled in the art to make and use the invention without undue experimentation. It’s important because it balances the inventor’s right to protection with the public’s right to benefit from the invention.

The Manual of Patent Examining Procedure (MPEP) Section 2164 states that “The enablement requirement refers to the requirement of 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph that the specification describe how to make and how to use the invention.” This requirement ensures that the patent disclosure is commensurate with the scope of the claims.