What is the “field of endeavor test” for determining analogous art?
The “field of endeavor test” is one of the criteria used to determine if a reference qualifies as analogous art. According to MPEP 2141.01(a):
“Under the field of endeavor test, if the reference is from the same field of endeavor as the claimed invention, irrespective of the problem addressed, then the reference is analogous art.”
This test focuses on whether the reference and the claimed invention are in the same technical field, regardless of the specific problem being solved. It’s important to note that the field of endeavor should be defined broadly to encompass the full scope of the inventor’s work.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2141.01(A) - Analogous And Nonanalogous Art,
Patent Law,
Patent Procedure