What is the “enablement requirement” for prior art in patent examinations?

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 “enablement requirement” for prior art in patent examinations refers to the standard that a reference must meet to be considered valid prior art. According to MPEP 2121.01:

“Prior art is not enabling if it does not teach a person having ordinary skill in the art how to make and use the invention without undue experimentation.”

This means that:

• A prior art reference must provide enough information for a skilled artisan to practice the invention.
• The disclosure should not require “undue experimentation” to implement.
• The enablement is judged from the perspective of a person of ordinary skill in the art at the time of the invention.

If an applicant can demonstrate that a prior art reference is not enabling, they may be able to overcome a rejection based on that reference.