What role do working examples play in determining enablement?
Working examples in a patent application can significantly impact the determination of enablement. The MPEP discusses this in the context of experimentation in section 2164.06:
“Quantity of examples is only one factor that must be considered before reaching the final conclusion that undue experimentation would be required.”
Key points about working examples:
- They provide practical demonstrations of the invention’s implementation
- Can reduce the amount of experimentation required by others
- Help show that the invention is operative and can be reproduced
- The quality and relevance of examples may be more important than quantity
While working examples are valuable, they are not always necessary if the specification otherwise provides sufficient guidance for one skilled in the art to practice the invention without undue experimentation.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2164.06 - Quantity Of Experimentation,
Patent Law,
Patent Procedure