How is the determination of analogous arts made in patent examination?
The determination of analogous arts in patent examination is based on the essential function or utility of the claimed invention, rather than its name or classification. The MPEP provides guidance on this:
The determination of what arts are analogous to a particular claimed invention is at times difficult. It depends upon the necessary essential function or utility of the subject matter covered by the claims, and not upon what it is called by the applicant.
(MPEP 904.01(c))
This means that patent examiners must look beyond the surface-level description of an invention and consider its fundamental purpose or function when identifying analogous arts.
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