What does “enablement commensurate in scope with the claims” mean in patent law?
“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.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2164.08 - Enablement Commensurate In Scope With The Claims,
Patent Law,
Patent Procedure