Is it necessary to specify dosage or method of use in a patent application?
Generally, it is not necessary to specify the dosage or method of use in a patent application if:
- It is known to one skilled in the art that such information could be obtained without undue experimentation
- One skilled in the art, based on knowledge of compounds with similar physiological or biological activity, could discern an appropriate dosage or method of use without undue experimentation
The MPEP states: For example, it is not necessary to specify the dosage or method of use if it is known to one skilled in the art that such information could be obtained without undue experimentation.
(MPEP 2164.01(c))
This guideline helps streamline patent applications while ensuring that the enablement requirement of 35 U.S.C. 112(a) is still satisfied.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2164.01(C) - How To Use The Claimed Invention,
Patent Law,
Patent Procedure