What is the relationship between the written description and enablement requirements?
Source: FAQ (MPEP-Based)BlueIron Update: 2025-02-21
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.
The written description and enablement requirements are separate and distinct, as stated in the MPEP:
“This requirement is separate and distinct from the enablement requirement.”
While both requirements are part of 35 U.S.C. 112(a), they serve different purposes:
- The written description requirement ensures that the inventor had possession of the claimed invention at the time of filing.
- The enablement requirement ensures that the invention is described in sufficient detail for one skilled in the art to make and use it.
It’s possible for a specification to enable making and using the invention but still fail to provide adequate written description. Conversely, a specification might provide adequate written description but fail to enable the invention.
Topics:
"Written Description" Requirement
First Paragraph
MPEP 2100 - Patentability
MPEP 2163 - Guidelines For The Examination Of Patent Applications Under The 35 U.S.C. 112(A) Or Pre - Aia 35 U.S.C. 112
Patent Law
Patent Procedure