Also known as:enablements · enabling · enabling disclosure
Written by attorneys · grounded in primary & secondary sources — see below
A patent requirement that the specification describe the invention in such full, clear, concise, and exact terms as to enable a person skilled in the art to make and use the invention without undue experimentation.
Sources & Authorities· 5 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Uniform Acts
Restatements
How it applies
Common Examples
6
Negative Easement Dispute
Edward Everett owns land subject to a negative easement held by Empire Logistics. Empire seeks to block Edward from constructing a building that would obstruct its view. The court recognizes that the easement enables Empire to prevent the construction that would otherwise be permitted, enforcing the restriction against Edward.
Diversity Procedure Conflict
Emanuel Escobar sues in federal court under diversity jurisdiction. A state rule would bar his claim but a Federal Rule of Civil Procedure addresses the same procedural point. The court applies the federal rule because it is valid under the Rules Enabling Act and resolves the case without regard to the conflicting state provision.
Partnership Obligation Contribution
Enigma Technologies dissolves with unpaid debts incurred while all partners were active. Esther Eisenberg and other former partners must each contribute funds in proportion to their distribution rights so the partnership can pay the creditors in full.
Eugene Ellsworth brings a diversity class action for interest recovery. A state statute would deny class treatment but Federal Rule of Civil Procedure 23 permits it. The court applies the federal rule because it governs procedure and does not alter substantive rights under the Rules Enabling Act.
Patent Claim Construction
Enzo Eastwood sues for infringement of a patent on a measurement device. The court assigns claim construction to the judge rather than the jury after determining that the task is a legal question best resolved by the court to ensure consistent application of the patent terms.
Commercial Speech Regulation
Elite Dynamics challenges a state ban on promotional advertising by utilities. The court applies intermediate scrutiny to determine whether the regulation directly advances a substantial government interest and is narrowly tailored, ultimately striking down the overly broad prohibition.
Common questions
Frequently Asked
3
What must a patent specification contain to satisfy enablement?+
The specification must describe the invention in full, clear, concise, and exact terms so a person skilled in the art can make and use it without undue experimentation.
Does enablement require disclosure of the best mode?+
No. Enablement focuses on whether the disclosure allows a skilled artisan to practice the invention. Best mode is a separate requirement under the statute.
When is a disclosure considered non-enabling?+
A disclosure is non-enabling when a person of ordinary skill in the art would still need to engage in undue experimentation to make or use the invention after reading it.
438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978)Property
…quality of life for people.”[^maj-4] New York City, responding to similar concerns and acting pursuant to a New York State enabling Act,[^maj-5] adopted its Landmarks Preservation Law in 1965. See N. Y. C. Admin. Code, ch. 8-A, § 205-1.0 et seq. (1976). The city acted from the conviction that “the standing of [New…