What is the relationship between the written description and enablement requirements?

The written description and enablement requirements are separate and distinct, as stated in the MPEP:

“This requirement is separate and distinct from the enablement requirement.”

While both requirements are part of 35 U.S.C. 112(a), they serve different purposes:

  • The written description requirement ensures that the inventor had possession of the claimed invention at the time of filing.
  • The enablement requirement ensures that the invention is described in sufficient detail for one skilled in the art to make and use it.

It’s possible for a specification to enable making and using the invention but still fail to provide adequate written description. Conversely, a specification might provide adequate written description but fail to enable the invention.

To learn more:

Topics: "Written Description" Requirement, First Paragraph, MPEP 2100 - Patentability, MPEP 2163 - Guidelines For The Examination Of Patent Applications Under The 35 U.S.C. 112(A) Or Pre - Aia 35 U.S.C. 112, Patent Law, Patent Procedure
Tags: 35 u.s.c. 112(a), Enablement, Written Description