What is the role of working examples in determining enablement for chemical compounds?
Working examples play a crucial role in determining enablement for chemical compounds, especially in unpredictable arts. The MPEP 2121.02 provides guidance on this matter:
“In chemical arts, the disclosure of a single species usually does not provide an adequate basis to support generic claims.“
Working examples serve several important functions:
- Demonstrating the actual synthesis and characterization of a compound
- Providing evidence of the compound’s properties or utility
- Illustrating the applicability of a synthetic method to related compounds
- Supporting the enablement of a broader genus of compounds
While working examples are not always required for enablement, their presence can significantly strengthen the case for enablement, particularly for complex or novel compounds. Examiners consider the presence and quality of working examples when evaluating whether a prior art reference provides an enabling disclosure.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2121.02 - Compounds And Compositions — What Constitutes Enabling Prior Art,
Patent Law,
Patent Procedure