How does the predictability of the art affect enablement requirements for chemical compounds?
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.
The predictability of the art significantly affects enablement requirements for chemical compounds. The MPEP 2121.02 emphasizes this point:
“The state of the art existing at the filing date of the application is used to determine whether a particular disclosure is enabling as of the filing date.“
In highly predictable arts, less detailed disclosure may be required to enable a claimed compound. Conversely, in unpredictable arts, more extensive disclosure, such as working examples or detailed synthetic procedures, may be necessary. Factors affecting predictability include:
- The complexity of the chemical structure
- The known relationships between structure and function
- The availability of reliable synthetic methods
- The existence of established structure-activity relationships
Examiners consider these factors when evaluating whether a prior art reference provides an enabling disclosure for a claimed compound.