MPEP Q&A 79: Factors When Determining Sufficient Evidence Concerning Enablement Requirement - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006

from 2017-02-28T15:02:38

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Question: List two factors to be considered when determining whether there is sufficient evidence to support a determination that a disclosure does not satisfy the enablement requirement and whether any necessary experimentation is ‘undue’. Answer: The factors to be considered when determining whether there is sufficient evidence to support a determination that a disclosure does not satisfy the enablement requirement and whether any necessary experimentation is ‘undue’ include, but are not limited to: The breadth of the claims; The nature of the invention; The state of the prior art; The level of one of ordinary skill; The level of predictability…


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