What is the “Hogan” principle in patent enablement?
What is the “Hogan” principle in patent enablement?
The “Hogan” principle is a key concept in patent enablement, derived from the case In re Hogan. According to MPEP 2164.05(a), this principle states that “a disclosure should be evaluated for enablement as of the filing date, and that later developed or after-invented technology cannot be used to challenge enablement.” This means that an applicant is not required to predict future developments in the field. The MPEP further explains, “The courts have stated that the enablement requirement is met if the description enables any mode of making and using the invention.” This principle protects inventors from having their patents invalidated due to technological advancements that occur after their filing date.
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Topics:
MPEP 2100 - Patentability,
MPEP 2164.05(A) - Specification Must Be Enabling As Of The Filing Date,
Patent Law,
Patent Procedure