What is the enablement requirement in patent law?
The enablement requirement refers to the provision in 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, which mandates that the patent specification must describe how to make and use the invention. As stated in the MPEP:
“The purpose of the requirement that the specification describe the invention in such terms that one skilled in the art can make and use the claimed invention is to ensure that the invention is communicated to the interested public in a meaningful way.“
This means that the information in the patent application must be sufficient for a person skilled in the relevant field to both make and use the claimed invention without undue experimentation.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2164 - The Enablement Requirement,
Patent Law,
Patent Procedure