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6 votes

Risks of "kitchen sink" disclosures?

Practice differs across jurisdictions worldwide. The idea is the same behind all of them, but usually the tools to analyze enablement are different. I think patent attorneys don't like broad claims ...
chempatent1981's user avatar
3 votes
Accepted

Does non-enabled use constitute infringement?

You are conflating two different questions. A person infringes a claim if they perform all the steps of it. It generally doesn't matter whether the original inventors foresaw the particular details ...
Maca's user avatar
  • 6,178
3 votes

Can a patent be invalidated when the inventors later publicly doubt operability and the reliability of reported results?

You haven't said what is actually claimed. But that's what matters. I have assumed that the claims relate to the particular method that you note is described. Enablement requires that the reader can ...
Maca's user avatar
  • 6,178
2 votes

Sufficiency of disclosure (enablement, written desc) for genus claims?

In the US case, I would also like to add that reverse doctrine of equivalents (DOE) may apply as implicit claim scope limitation. Reverse DOE essentially says literally infringing structure may not ...
user132162's user avatar
2 votes
Accepted

Sufficiency of disclosure (enablement, written desc) for genus claims?

Are such broad claims invalid when an unenabled/non-writtenly-described embodiment is identified? Yes. The written description requirements in the US and EPO require that the invention must be ...
Maca's user avatar
  • 6,178
2 votes
Accepted

Can a patent be invalidated when the inventors later publicly doubt operability and the reliability of reported results?

If the application is still pending, you may even attempt filing third-party submission (if still possible), and state that the publication is relevant to 101/utility. However, it sounds like this ...
user132162's user avatar
2 votes
Accepted

Patent Enablement - how do you balance retention of secrets and teaching make and use

In the US it is not the enablement requirement that addresses the secret sauce issue, it is the “best mode” requirement. Inventors and applicants are required to show the best way of implementing the ...
George White's user avatar
  • 29.1k
1 vote

How was this patent/claim granted with such little implementation detail?

This to me does not meet the enablement requirements? You are on to something here with the enablement. In their greed patent applicants frequently chase claims that are so broad that they are ...
bhuff36's user avatar
  • 630
1 vote

How was this patent/claim granted with such little implementation detail?

There is no way to determine enablement from the text of a claim. A claim defines the perimeter of the rights, it goes not explain an invention. The specification and drawings are cold in gene ...
George White's user avatar
  • 29.1k
1 vote

Patent Enablement - how do you balance retention of secrets and teaching make and use

I am not a lawyer so I'm not sure I can answer your question authoritatively. However you state the following as though it were a fact: Businesses do not EVER want to document their "magic smoke&...
Eric S's user avatar
  • 11.2k
1 vote

Prototype requirement and patent enablement wrt written description requirements

The document WO1997013970A1 is not a patent. It is a publication of an international patent application. There is no corresponding U.S. Patent. More details on this international application are ...
SGN's user avatar
  • 96
1 vote

"Undue experimentation" - why isn't the patent office more demanding to minimise it (e.g. provide parts list)?

Especially in light of the fact that the inventor, if enablement is taken into account, must be in full possession of the exact recipe for at least one embodiment. Not necessarily. An example of the ...
bta's user avatar
  • 389

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