At the time of filing, what is used to determine enablement?

The determination of enablement at the time of filing a patent application is fundamentally rooted in the nature of the invention itself. To satisfy the enablement requirement, an applicant must provide a clear and sufficient description of the invention that enables a person skilled in the art to make and use the invention without undue experimentation.

This means that the specifics about how the invention works, what it comprises, and its intended use are imperative. By focusing on the nature of the invention, the examiner assesses whether the details provided in the patent application allow others to replicate the invention based on the information disclosed.

The other aspects, such as financial investment in research, level of market interest, or the number of prior patents filed, are not directly related to the enablement requirement. They do not affect whether the invention is sufficiently described or whether it can be easily understood and reproduced by someone skilled in the art, which are the critical factors for enablement in patent law.