Can prophetic examples be used to satisfy the enablement requirement?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, prophetic examples can be used to satisfy the enablement requirement in patent applications. The MPEP 2164.02 provides guidance on this:

“Compliance with the enablement requirement of 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, does not turn on whether an example is disclosed. An example may be “working” or “prophetic.””

However, it’s important to note that prophetic examples must still provide sufficient detail to enable a person skilled in the art to make and use the invention without undue experimentation. The credibility and plausibility of prophetic examples are considered in the context of the entire disclosure.