What is the burden of proof for enablement in patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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. In patent examination, the burden of proof for enablement initially falls on the examiner. As stated in MPEP 716.09 : Once the examiner has established a prima facie case of lack of enablement, the burden falls on the applicant to present persuasive arguments, supported by suitable proofs where necessary, that one skilled in the art would have been able to make and use the claimed invention using the disclosure as a guide. This means that if the examiner provides a reasonable basis for questioning the enablement, the applicant must then provide evidence or arguments to demonstrate that the invention is indeed enabled by the specification. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Applicant Must Prove Enablement Using Disclosure MPEP 716.09 Prima Facie Case for Lack of Enablement Not Always Required But Specific Technical Reasons Are MPEP 2164.04 Required Declaration Can Replace Affidavit in Patent Applications MPEP 716 Examiner Must Establish Reasonable Basis for Questioning Enablement MPEP 2164.04 Required Examiner Must Show Prima Facie Case Is More Probable Than Not MPEP 2142 Required Specification Must Provide Enabling Disclosure MPEP 716.09 Requirement for Establishing Prima Facie Case of Inherent Disclosure MPEP 2112 Examiner Must Establish Prima Facie Case of Inadequate Written Description MPEP 2163 USPTO Must Establish Reasonable Basis for Questioning Enablement MPEP 2161.01 Required Oath or Declaration Required for Traversing Rejections MPEP 716 Required Other Related FAQs 5 FAQs Collapse How can an applicant overcome a rejection for lack of enablement? Can post-filing evidence be used to support sufficiency of disclosure in a patent application? W...