What are examples of predictable and unpredictable arts in patent law?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
In patent law, the predictability of an art affects the level of disclosure required for enablement. MPEP 2164.03 provides examples:
Predictable arts typically include:
- Mechanical devices
- Electrical devices
Unpredictable arts often include:
- Chemical arts
- Biotechnology
The MPEP states: “In cases involving unpredictable factors, such as most chemical reactions and physiological activity, more may be required.”
This distinction is important because inventions in unpredictable arts generally require more detailed disclosure to satisfy the enablement requirement, while those in predictable arts may require less detailed guidance.