How does the “reasonably pertinent” test apply to analogous art determination?

The “reasonably pertinent” test is another important criterion for determining analogous art, especially when a reference is not from the same field of endeavor as the claimed invention. According to MPEP 2141.01(a):

“A reference is reasonably pertinent if, even though it may be in a different field from that of the inventor’s endeavor, it is one which, because of the matter with which it deals, logically would have commended itself to an inventor’s attention in considering his problem.”

This test focuses on whether the reference is relevant to the problem the inventor was trying to solve. It requires considering:

• The nature of the problem faced by the inventor
• The teachings of the reference
• Whether a person of ordinary skill would reasonably have looked to the reference to solve the problem

Examiners must consider the invention as a whole when applying this test, not just individual aspects of the claimed invention.

To learn more:

• analogous art
• reasonably pertinent
• patent examination