What is the difference between the ‘same field of endeavor’ and ‘reasonably pertinent’ tests for analogous art?

The MPEP 2141.01(a) outlines two distinct tests for determining whether a reference qualifies as analogous art:

1. Same Field of Endeavor Test: This test focuses on whether the reference is from the same field of endeavor as the claimed invention, even if it addresses a different problem.
2. Reasonably Pertinent Test: This test examines whether the reference is reasonably pertinent to the problem faced by the inventor, even if it is not in the same field of endeavor as the claimed invention.

The MPEP emphasizes: “Note that ‘same field of endeavor’ and ‘reasonably pertinent’ are two separate tests for establishing analogous art; it is not necessary for a reference to fulfill both tests in order to qualify as analogous art.”

It’s important to note that a reference only needs to satisfy one of these tests to be considered analogous art. This allows for a broader consideration of prior art that may be relevant to the claimed invention.

To learn more:

• analogous art
• same field of endeavor
• reasonably pertinent
• prior art
• obviousness