What are the written description and enablement requirements related to test results in patent applications?

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 written description and enablement requirements are crucial when considering test results in patent applications. The MPEP 707.07(l) references these requirements:

See MPEP §§ 2161 – 2164.08(c) for a discussion of the written description and enablement requirements of 35 U.S.C 112.

These requirements, found in 35 U.S.C. 112(a), mandate that the patent application must:

• Written Description: Clearly describe the invention in sufficient detail that one skilled in the art can recognize that the inventor had possession of the claimed invention.
• Enablement: Provide enough information for a person skilled in the art to make and use the invention without undue experimentation.

Test results play a crucial role in meeting these requirements, as they can demonstrate that the invention works as claimed and provide guidance on how to make and use it.