How does the USPTO determine if a prior art reference is enabling for a claimed compound?

The USPTO determines if a prior art reference is enabling for a claimed compound by considering several factors:

• The level of specificity in the prior art’s disclosure of the compound
• The presence of working examples or detailed synthetic procedures
• The predictability of the art
• The knowledge of a person of ordinary skill in the art at the time of the invention

As stated in MPEP 2121.02: “In chemical arts, the disclosure of a single species usually does not provide an adequate basis to support generic claims.” However, if the art is highly predictable and the compound is readily obtainable, a single species may be sufficient to enable a genus.

To learn more:

• prior art
• enablement
• chemical compounds
• USPTO examination