What is analogous art in patent law?

Analogous art in patent law refers to prior art that can be used in an obviousness rejection under 35 U.S.C. 103. According to MPEP 2141.01(a), a reference is considered analogous art to the claimed invention if:

• The reference is from the same field of endeavor as the claimed invention (even if it addresses a different problem); or
• 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 states: “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.”

To learn more:

• analogous art
• patent law
• prior art
• obviousness
• 35 U.S.C. 103