What is the relationship between sufficiency of disclosure and enablement in patent applications?
What is the relationship between sufficiency of disclosure and enablement in patent applications?
The sufficiency of disclosure in a patent application is closely related to the enablement requirement. According to MPEP 716.09, “The issue of ‘sufficiency of disclosure’ with respect to 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, is related to the issue of ‘enablement.'” This means that the disclosure in a patent application must be sufficient to enable a person skilled in the art to make and use the claimed invention without undue experimentation. The sufficiency of disclosure is evaluated in light of the scope of the claims, the state of the prior art, and the level of skill in the art.
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