Can prophetic examples be used to satisfy the enablement requirement?

Yes, prophetic examples can be used to satisfy the enablement requirement in patent applications. The MPEP 2164.02 provides guidance on this:

“Compliance with the enablement requirement of 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, does not turn on whether an example is disclosed. An example may be “working” or “prophetic.””

However, it’s important to note that prophetic examples must still provide sufficient detail to enable a person skilled in the art to make and use the invention without undue experimentation. The credibility and plausibility of prophetic examples are considered in the context of the entire disclosure.

To learn more:

• prophetic examples
• enablement requirement
• 35 U.S.C. 112
• MPEP 2164.02