How does the USPTO handle post-filing date evidence for enablement?
How does the USPTO handle post-filing date evidence for enablement?
The USPTO has specific guidelines for handling post-filing date evidence in relation to enablement. According to MPEP 2164.05(a), “Evidence to support a contention that the specification would have been enabling may be submitted after the filing date without incident.” However, it’s important to note that this evidence is not used to establish new matter. The MPEP further clarifies, “Information or evidence that was not part of the original disclosure cannot be used to give a patent application an earlier effective filing date.” This means that while post-filing evidence can support the enablement of the original disclosure, it cannot introduce new concepts or expand the scope of the invention beyond what was originally disclosed.
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