Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
The written description requirement and enablement are distinct but related concepts in patent law. According to MPEP 2163.03:
“While there is a presumption that an adequate written description of the claimed invention is present in the specification as filed, In re Wertheim, 541 F.2d 257, 262, 191 USPQ 90, 96 (CCPA 1976), a question as to whether a specification provides an adequate written description may arise in the context of an original claim.”
Key differences include:
- Written Description: Focuses on whether the specification demonstrates that the inventor had possession of the claimed invention at the time of filing.
- Enablement: Concerns whether the specification teaches a person skilled in the art how to make and use the full scope of the claimed invention without undue experimentation.
A specification might enable the invention but still fail to provide adequate written description, or vice versa. For example, a specification might describe a general concept (meeting the written description requirement) but not provide enough detail for someone to make and use it (failing enablement). Conversely, a specification might provide a detailed method for making something (meeting enablement) but not show that the inventor possessed the full scope of the claimed invention (failing written description).
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