What is required to satisfy the “how to use” requirement in patent applications?
The “how to use” requirement in patent applications is satisfied when the specification provides sufficient information for a person skilled in the art to use the claimed invention without undue experimentation. According to MPEP 2164.01(c):
“If a statement of utility in the specification contains within it a connotation of how to use, and/or the art recognizes that standard modes of administration are known and contemplated, 35 U.S.C. 112 is satisfied.”
Furthermore, the MPEP states:
“It is not necessary to specify the dosage or method of use if it is known to one skilled in the art that such information could be obtained without undue experimentation.”
This means that if a person skilled in the field can determine appropriate dosages or methods of use based on knowledge of similar compounds or standard practices in the field, the application may satisfy the “how to use” requirement without explicitly stating this information.
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