Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2100 – Patentability (2)
The enablement requirement in patent law serves to ensure that the invention is sufficiently described to allow the public to make and use it. As explained in MPEP 2165.02:
“The enablement requirement looks to placing the subject matter of the claims generally in the possession of the public.”
This means that the patent application must provide enough information for a person skilled in the relevant field to understand and reproduce the invention without undue experimentation. The enablement requirement is crucial for fulfilling the patent system’s goal of promoting the progress of science and useful arts by ensuring that inventions are fully disclosed in exchange for patent protection.
To learn more:
The enablement requirement and the written description requirement are separate and distinct aspects of 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph. The MPEP clarifies this distinction:
“The enablement requirement of 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, is separate and distinct from the written description requirement.“
This distinction is further explained in the case Vas-Cath, Inc. v. Mahurkar, 935 F.2d 1555, 1563, 19 USPQ2d 1111, 1116-17 (Fed. Cir. 1991), which states that “the purpose of the ‘written description’ requirement is broader than to merely explain how to ‘make and use’.”
While the enablement requirement focuses on providing sufficient information for a skilled person to make and use the invention, the written description requirement ensures that the inventor has fully described the invention and demonstrated possession of it at the time of filing.
To learn more:
MPEP 2164 – The Enablement Requirement (1)
The enablement requirement and the written description requirement are separate and distinct aspects of 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph. The MPEP clarifies this distinction:
“The enablement requirement of 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, is separate and distinct from the written description requirement.“
This distinction is further explained in the case Vas-Cath, Inc. v. Mahurkar, 935 F.2d 1555, 1563, 19 USPQ2d 1111, 1116-17 (Fed. Cir. 1991), which states that “the purpose of the ‘written description’ requirement is broader than to merely explain how to ‘make and use’.”
While the enablement requirement focuses on providing sufficient information for a skilled person to make and use the invention, the written description requirement ensures that the inventor has fully described the invention and demonstrated possession of it at the time of filing.
To learn more:
MPEP 2165.02 – Best Mode Requirement Compared To Enablement Requirement (1)
The enablement requirement in patent law serves to ensure that the invention is sufficiently described to allow the public to make and use it. As explained in MPEP 2165.02:
“The enablement requirement looks to placing the subject matter of the claims generally in the possession of the public.”
This means that the patent application must provide enough information for a person skilled in the relevant field to understand and reproduce the invention without undue experimentation. The enablement requirement is crucial for fulfilling the patent system’s goal of promoting the progress of science and useful arts by ensuring that inventions are fully disclosed in exchange for patent protection.
To learn more:
Patent Law (2)
The enablement requirement in patent law serves to ensure that the invention is sufficiently described to allow the public to make and use it. As explained in MPEP 2165.02:
“The enablement requirement looks to placing the subject matter of the claims generally in the possession of the public.”
This means that the patent application must provide enough information for a person skilled in the relevant field to understand and reproduce the invention without undue experimentation. The enablement requirement is crucial for fulfilling the patent system’s goal of promoting the progress of science and useful arts by ensuring that inventions are fully disclosed in exchange for patent protection.
To learn more:
The enablement requirement and the written description requirement are separate and distinct aspects of 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph. The MPEP clarifies this distinction:
“The enablement requirement of 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, is separate and distinct from the written description requirement.“
This distinction is further explained in the case Vas-Cath, Inc. v. Mahurkar, 935 F.2d 1555, 1563, 19 USPQ2d 1111, 1116-17 (Fed. Cir. 1991), which states that “the purpose of the ‘written description’ requirement is broader than to merely explain how to ‘make and use’.”
While the enablement requirement focuses on providing sufficient information for a skilled person to make and use the invention, the written description requirement ensures that the inventor has fully described the invention and demonstrated possession of it at the time of filing.
To learn more:
Patent Procedure (2)
The enablement requirement in patent law serves to ensure that the invention is sufficiently described to allow the public to make and use it. As explained in MPEP 2165.02:
“The enablement requirement looks to placing the subject matter of the claims generally in the possession of the public.”
This means that the patent application must provide enough information for a person skilled in the relevant field to understand and reproduce the invention without undue experimentation. The enablement requirement is crucial for fulfilling the patent system’s goal of promoting the progress of science and useful arts by ensuring that inventions are fully disclosed in exchange for patent protection.
To learn more:
The enablement requirement and the written description requirement are separate and distinct aspects of 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph. The MPEP clarifies this distinction:
“The enablement requirement of 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, is separate and distinct from the written description requirement.“
This distinction is further explained in the case Vas-Cath, Inc. v. Mahurkar, 935 F.2d 1555, 1563, 19 USPQ2d 1111, 1116-17 (Fed. Cir. 1991), which states that “the purpose of the ‘written description’ requirement is broader than to merely explain how to ‘make and use’.”
While the enablement requirement focuses on providing sufficient information for a skilled person to make and use the invention, the written description requirement ensures that the inventor has fully described the invention and demonstrated possession of it at the time of filing.
To learn more: