Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
No, the enablement requirement does not necessitate a commercially viable embodiment of the invention. The MPEP clearly states:
“To comply with 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, it is not necessary to ‘enable one of ordinary skill in the art to make and use a perfected, commercially viable embodiment absent a claim limitation to that effect.’“
This principle is supported by the case CFMT, Inc. v. Yieldup Int’l Corp., 349 F.3d 1333, 1338, 68 USPQ2d 1940, 1944 (Fed. Cir. 2003), where an invention for improving semiconductor wafer cleaning was deemed enabled by disclosing improvements to the overall system, without requiring a commercially perfect version.
To learn more:
Topics:
MPEP 2100 – Patentability
MPEP 2164 – The Enablement Requirement
Patent Law
Patent Procedure