How does the quantity of experimentation affect enablement?
The quantity of experimentation is one factor in determining enablement, but it’s not the sole determining factor. As stated in MPEP 2164.06:
“The quantity of experimentation needed to be performed by one skilled in the art is only one factor involved in determining whether ‘undue experimentation’ is required to make and use the invention.”
It’s important to note that a large quantity of experimentation may be acceptable if it’s routine or if the specification provides sufficient guidance. The key is whether the experimentation is “undue” rather than simply extensive.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2164.06 - Quantity Of Experimentation,
Patent Law,
Patent Procedure