What is considered “reasonable experimentation” in patent applications?
“Reasonable experimentation” in patent applications refers to the amount of experimentation that would be considered acceptable and not “undue.” The MPEP provides guidance on this in section 2164.06:
“‘The test is not merely quantitative, since a considerable amount of experimentation is permissible, if it is merely routine, or if the specification in question provides a reasonable amount of guidance with respect to the direction in which the experimentation should proceed.'”
Factors that contribute to reasonable experimentation include:
- Routine nature of the required experiments
- Clear guidance in the specification
- Predictability in the art
- Relative skill level of those in the art
The key is that the experimentation should not require undue effort or innovation beyond what a person of ordinary skill in the art would be expected to do.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2164.06 - Quantity Of Experimentation,
Patent Law,
Patent Procedure