What is the significance of “undue experimentation” in plant genetics prior art?
In plant genetics prior art, “undue experimentation” plays a crucial role in determining whether a disclosure is enabling. According to MPEP 2121.03, “A reference containing a detailed description of a particular variety of plant and the method of obtaining it would be enabling, whereas a mere recitation of a plant’s name or characteristics would not.” This means that if a prior art reference requires extensive experimentation to reproduce the claimed plant, it may not be considered enabling.
The concept of undue experimentation is further explained in the MPEP: “The fact that experimentation may be complex does not necessarily make it undue, if the art typically engages in such experimentation.” This suggests that the standard for undue experimentation in plant genetics takes into account the common practices in the field.
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