How does the “written description” requirement relate to the enablement requirement?
The written description requirement is distinct from, but related to, the enablement requirement in patent law. As stated in MPEP 2304.02(d):
“The written description requirement is separate and distinct from the enablement requirement. Ariad Pharm., Inc. v. Eli Lilly & Co., 598 F.3d 1336, 1340, 94 USPQ2d 1161, 1167 (Fed. Cir. 2010) (en banc).”
While enablement focuses on teaching how to make and use the invention, the written description requirement ensures that the inventor has actually possessed the claimed invention at the time of filing. Both requirements must be satisfied for a valid patent application.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2304.02(D) - Adequate Written Description,
Patent Law,
Patent Procedure