What is the relationship between enablement and how to make the claimed invention?
What is the relationship between enablement and how to make the claimed invention?
The relationship between enablement and how to make the claimed invention is fundamental to patent law. According to MPEP 2164.01(b):
“As long as the specification discloses at least one method for making and using the claimed invention that bears a reasonable correlation to the entire scope of the claim, then the enablement requirement of 35 U.S.C. 112 is satisfied.”
This means that the patent application must provide enough information for a person skilled in the art to make and use the invention without undue experimentation. The disclosure should include specific instructions or guidance on how to create or implement the claimed invention, ensuring that the enablement requirement is met.
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Topics:
MPEP 2100 - Patentability,
MPEP 2164.01(B) - How To Make The Claimed Invention,
Patent Law,
Patent Procedure