Does the enablement requirement necessitate a commercially viable embodiment?
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…
Read MoreAre detailed procedures always necessary to meet the enablement requirement?
Detailed procedures for making and using an invention are not always necessary to satisfy the enablement requirement. The MPEP provides guidance on this matter: “Detailed procedures for making and using the invention may not be necessary if the description of the invention itself is sufficient to permit those skilled in the art to make and…
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