What is the “make and use” requirement for patent enablement?

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 “make and use” requirement for patent enablement refers to the legal obligation that a patent application must provide sufficient information to enable a person skilled in the art to make and use the claimed invention without undue experimentation. This is a fundamental aspect of the enablement requirement under 35 U.S.C. 112(a).

According to MPEP 2164.06(a):

“The specification must teach those skilled in the art how to make and use the full scope of the claimed invention without ‘undue experimentation.’”

This means that the patent application must provide enough detail for someone in the field to recreate and use the invention without having to conduct excessive research or experimentation on their own.