Are expert affidavits sufficient to establish enablement in patent applications?

Expert affidavits alone are generally not sufficient to establish enablement in patent applications. The MPEP 716.09 provides guidance on this issue: Affidavits or declarations presented to show that the disclosure of an application is sufficient to one skilled in the art are not acceptable to establish facts which the specification itself should recite. The MPEP…

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How does the USPTO evaluate sufficiency of disclosure in chemical and biotechnology inventions?

How does the USPTO evaluate sufficiency of disclosure in chemical and biotechnology inventions? The USPTO evaluates sufficiency of disclosure in chemical and biotechnology inventions with particular scrutiny due to the complex nature of these fields. According to MPEP 716.09, “In chemical and biotechnological inventions, a sufficient disclosure may require working examples or detailed disclosure of…

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What is the relationship between sufficiency of disclosure and enablement in patent applications?

What is the relationship between sufficiency of disclosure and enablement in patent applications? The sufficiency of disclosure in a patent application is closely related to the enablement requirement. According to MPEP 716.09, “The issue of ‘sufficiency of disclosure’ with respect to 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, is related to the…

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