What is routine optimization in patent law?
Routine optimization refers to the process of finding optimal or workable ranges through routine experimentation. According to MPEP 2144.05:
“[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.”
This principle is based on the case In re Aller. The MPEP further explains:
“Generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical.”
However, to properly support a rejection based on routine optimization, the examiner must provide a reasoned explanation of why it would have been routine optimization to arrive at the claimed invention and why a person of ordinary skill in the art would have had a reasonable expectation of success.
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