Founding Partner
When you apply for a patent, it’s not just about having a good idea. The U.S. Patent and Trademark Office (USPTO) expects you to clearly describe what your invention is and how someone else could make and use it. That’s where two key requirements come into play: enablement and written description. If your application falls short on either one, the examiner can reject your filing or limit your claims. Below, we’ll walk you through what these requirements mean—and how we help inventors meet them.
What Is 35 U.S.C. §112?
The legal foundation for both enablement and written description comes from 35 U.S.C. §112, a section of the patent statute that outlines what your application must include. It’s not enough to describe what your invention does—you have to explain it clearly enough that someone skilled in your field could understand and apply it.
Under this standard, your application should show:
- How to make and use the invention without too much guesswork
- That you were in possession of the invention at the time of filing
Enablement and written description serve different purposes, but both aim to keep patent claims grounded in real, fully developed inventions. They prevent applicants from overreaching or trying to protect ideas they haven’t actually built or described in full.
What Is Enablement?
Enablement means your patent application must clearly explain how to make and use your invention so that others in your field can understand it. Examiners look for whether someone with ordinary skill in the area could read your application and put the invention into practice without confusion.
To meet this requirement, your application should include:
- Clear instructions
- Technical details
- Examples that show practical use
Let’s say you’ve created a new type of engine component. If your application only includes a broad idea without showing how it fits together or operates under real-world conditions, it may not be enabling. But if you walk through the design, materials, and steps to assemble or use it, you give the examiner what they need to approve your claim.
What Does a Written Description Need to Show?
The written description requirement asks a different question: Did you actually have possession of the invention when you filed the patent application? In other words, the application needs to reflect that you understood and could fully describe what you invented.
To satisfy this, your filing should include:
- Descriptions of the invention’s parts, systems, or methods
- Any drawings that clarify structure or function
- Terminology that’s consistent and clearly defined
An examiner will compare your claims to the written description to make sure they align. If the claims reach beyond what’s described, the application may be rejected. We help inventors avoid this by making sure their description supports the claims from every angle.
How We Help Strengthen Your Patent Application
At Gearhart Law, we don’t just help you file—we help you build a strong foundation for your patent. That means preparing an application with patent claims that stand up to scrutiny and reflect your invention accurately.
We focus on:
- Making sure your claims match your description
- Identifying and fixing vague or unsupported language
- Reviewing drawings, technical terms, and use cases
- Providing guidance on how much detail is enough
We understand how the USPTO examines these filings, and we work with you to avoid unnecessary back-and-forth during the process.
Make Your Patent Filing Strong from the Start
Enablement and written description are more than checkboxes—they’re the building blocks of a successful patent application. And while the statute sets the standard, you don’t have to figure it out on your own. At Gearhart Law, we help inventors and startups prepare patent filings that meet the requirements and protect what matters. If you’re ready to move forward with your invention, contact us today. We’ll guide you through the process and help make your patent filing as strong as your idea.When you apply for a patent, it’s not just about having a good idea. The U.S. Patent and Trademark Office (USPTO) expects you to clearly describe what your invention is and how someone else could make and use it. That’s where two key requirements come into play: enablement and written description. If your application falls short on either one, the examiner can reject your filing or limit your claims. Below, we’ll walk you through what these requirements mean—and how we help inventors meet them.
What Is 35 U.S.C. §112?
The legal foundation for both enablement and written description comes from 35 U.S.C. §112, a section of the patent statute that outlines what your application must include. It’s not enough to describe what your invention does—you have to explain it clearly enough that someone skilled in your field could understand and apply it.
Under this standard, your application should show:
- How to make and use the invention without too much guesswork
- That you were in possession of the invention at the time of filing
Enablement and written description serve different purposes, but both aim to keep patent claims grounded in real, fully developed inventions. They prevent applicants from overreaching or trying to protect ideas they haven’t actually built or described in full.
What Is Enablement?
Enablement means your patent application must clearly explain how to make and use your invention so that others in your field can understand it. Examiners look for whether someone with ordinary skill in the area could read your application and put the invention into practice without confusion.
To meet this requirement, your application should include:
- Clear instructions
- Technical details
- Examples that show practical use
Let’s say you’ve created a new type of engine component. If your application only includes a broad idea without showing how it fits together or operates under real-world conditions, it may not be enabling. But if you walk through the design, materials, and steps to assemble or use it, you give the examiner what they need to approve your claim.
What Does a Written Description Need to Show?
The written description requirement asks a different question: Did you actually have possession of the invention when you filed the patent application? In other words, the application needs to reflect that you understood and could fully describe what you invented.
To satisfy this, your filing should include:
- Descriptions of the invention’s parts, systems, or methods
- Any drawings that clarify structure or function
- Terminology that’s consistent and clearly defined
An examiner will compare your claims to the written description to make sure they align. If the claims reach beyond what’s described, the application may be rejected. We help inventors avoid this by making sure their description supports the claims from every angle.
How We Help Strengthen Your Patent Application
At Gearhart Law, we don’t just help you file—we help you build a strong foundation for your patent. That means preparing an application with patent claims that stand up to scrutiny and reflect your invention accurately.
We focus on:
- Making sure your claims match your description
- Identifying and fixing vague or unsupported language
- Reviewing drawings, technical terms, and use cases
- Providing guidance on how much detail is enough
We understand how the USPTO examines these filings, and we work with you to avoid unnecessary back-and-forth during the process.
Make Your Patent Filing Strong from the Start
Enablement and written description are more than checkboxes—they’re the building blocks of a successful patent application. And while the statute sets the standard, you don’t have to figure it out on your own. At Gearhart Law, we help inventors and startups prepare patent filings that meet the requirements and protect what matters. If you’re ready to move forward with your invention, contact us today. We’ll guide you through the process and help make your patent filing as strong as your idea.