What is the relationship between the written description and enablement requirements?
The written description and enablement requirements are separate and distinct, as stated in the MPEP:
“This requirement is separate and distinct from the enablement requirement.”
While both requirements are part of 35 U.S.C. 112(a), they serve different purposes:
- The written description requirement ensures that the inventor had possession of the claimed invention at the time of filing.
- The enablement requirement ensures that the invention is described in sufficient detail for one skilled in the art to make and use it.
It’s possible for a specification to enable making and using the invention but still fail to provide adequate written description. Conversely, a specification might provide adequate written description but fail to enable the invention.
To learn more:
Topics:
"Written Description" Requirement,
First Paragraph,
MPEP 2100 - Patentability,
MPEP 2163 - Guidelines For The Examination Of Patent Applications Under The 35 U.S.C. 112(A) Or Pre - Aia 35 U.S.C. 112,
Patent Law,
Patent Procedure