What is the significance of “analogous art” in determining enablement for chemical compounds?
“Analogous art” plays a crucial role in determining enablement for chemical compounds, especially when considering the knowledge of a person of ordinary skill in the art. The MPEP 2121.02 states:
“The level of disclosure required within a reference to make it an “enabling disclosure” is a function of the nature of the art.“
In chemical arts, analogous compounds or reactions can provide guidance on the enablement of a claimed compound. If the prior art discloses analogous compounds or reactions that are closely related to the claimed compound, it may be considered enabling if a person of ordinary skill could reasonably expect to synthesize the claimed compound based on the disclosed analogues and their general knowledge.
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Topics:
MPEP 2100 - Patentability,
MPEP 2121.02 - Compounds And Compositions — What Constitutes Enabling Prior Art,
Patent Law,
Patent Procedure