How does the specification’s guidance affect the assessment of experimentation?

The guidance provided in the specification plays a crucial role in assessing whether the required experimentation is reasonable or undue. The MPEP addresses this in section 2164.06:

“[A]n extended period of experimentation may not be undue if the skilled artisan is given sufficient direction or guidance.”

Key points to consider:

• Clear and detailed instructions in the specification can justify more extensive experimentation
• The specification should provide a “reasonable amount of guidance” on how to perform the experimentation
• Lack of guidance may make even a small amount of experimentation “undue”

In essence, the more detailed and helpful the guidance in the specification, the more experimentation can be considered reasonable and not “undue.”

To learn more:

• enablement
• specification guidance
• patent application
• experimentation