What is the standard for determining if a patent disclosure is enabling?

The standard for determining if a patent disclosure is enabling is based on the presumption that a skilled artisan can use the disclosure to produce the claimed invention. MPEP 716.07 states:

‘Further, since in a patent it is presumed that a process if used by one skilled in the art will produce the product or result described therein, such presumption is not overcome by a mere showing that it is possible to operate within the disclosure without obtaining the alleged product.’

This means that to prove a patent is not enabling, it’s not enough to show that one might fail to produce the invention; rather, it must be shown that a person skilled in the art would be unable to produce the invention following the patent’s disclosure.

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