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

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.

To learn more:

• prior art
• enablement requirement
• patent examination
• undue experimentation