Does the enablement requirement necessitate a commercially viable embodiment?

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.

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 claim limitation to that effect.’“

This principle is supported by the case CFMT, Inc. v. Yieldup Int’l Corp., 349 F.3d 1333, 1338, 68 USPQ2d 1940, 1944 (Fed. Cir. 2003), where an invention for improving semiconductor wafer cleaning was deemed enabled by disclosing improvements to the overall system, without requiring a commercially perfect version.