What does “enablement commensurate in scope with the claims” mean in patent law?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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.

“Enablement commensurate in scope with the claims” refers to the requirement that the specification of a patent application must teach those skilled in the art how to make and use the full scope of the claimed invention without undue experimentation. As stated in the MPEP, The Federal Circuit has repeatedly held that “the specification must teach those skilled in the art how to make and use the full scope of the claimed invention without ‘undue experimentation’.” (MPEP 2164.08)

This principle ensures that the patent’s disclosure is sufficient to support the entire scope of the claims, preventing overly broad claims that extend beyond what the inventor has actually enabled in the specification.

Topics: MPEP 2100 - Patentability MPEP 2164.08 - Enablement Commensurate In Scope With The Claims Patent Law Patent Procedure
Tags: Bri Standard, Dependent Claims, Enablement Standard, Genus-Species Claims, Scope Commensurate