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The first paragraph of 35 U.S.C. §112 (the enablement requirement) states: The purpose of the requirement that the specification describe the invention in such terms that one skilled in the art can make and use the claimed invention is to ensure that the invention is communicated to the interested public in a meaningful way. However, it is not necessary to "enable one of ordinary skill in the art to make and use a perfected, commercially viable embodiment absent a claim limitation to that effect." Detailed procedures for making and using the invention may not be necessary if the description of the invention itself is sufficient to permit those skilled in the art to make and use the invention. A patent claim is invalid if it is not supported by an enabling disclosure.

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  • Enablement
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  • The first paragraph of 35 U.S.C. §112 (the enablement requirement) states: The purpose of the requirement that the specification describe the invention in such terms that one skilled in the art can make and use the claimed invention is to ensure that the invention is communicated to the interested public in a meaningful way. However, it is not necessary to "enable one of ordinary skill in the art to make and use a perfected, commercially viable embodiment absent a claim limitation to that effect." Detailed procedures for making and using the invention may not be necessary if the description of the invention itself is sufficient to permit those skilled in the art to make and use the invention. A patent claim is invalid if it is not supported by an enabling disclosure.
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  • The first paragraph of 35 U.S.C. §112 (the enablement requirement) states: The purpose of the requirement that the specification describe the invention in such terms that one skilled in the art can make and use the claimed invention is to ensure that the invention is communicated to the interested public in a meaningful way. However, it is not necessary to "enable one of ordinary skill in the art to make and use a perfected, commercially viable embodiment absent a claim limitation to that effect." Detailed procedures for making and using the invention may not be necessary if the description of the invention itself is sufficient to permit those skilled in the art to make and use the invention. A patent claim is invalid if it is not supported by an enabling disclosure. Disclosure is the quid pro quo for conferring patent rights, and enablement ensures that the patent applicant has upheld his or her end of the bargain. Moreover, enablement is a basic element in determining patent breadth. A patent's coverage reaches no farther than what its disclosures enable, so the more follow-on developments that a patent’s disclosures enable without undue experimentation, the broader its claims may be. Patent breadth, in turn, affects the division of rewards between initial and independent follow-on innovators. A patent broader than what actually has been enabled thus risks damaging follow-on innovation competition without providing the requisite public benefit. The enablement requirement is separate and distinct from the description requirement.
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