How does analogous art differ in chemical, mechanical, and electrical arts?
The MPEP provides examples of how analogous art is determined in different technical fields:
- Chemical Arts: References concerned with absorbing biologically active materials on carriers may be analogous across different applications (e.g., food preservatives and dye penetrants).
- Mechanical Arts: A broader spectrum of prior art may be explored, and references from different areas may be analogous if they address similar problems (e.g., toothbrushes considered analogous to hair brushes).
- Electrical Arts: References that address similar technical challenges may be considered analogous even if in different specific applications (e.g., pulse control in cardiac pacemakers and high-power devices).
The MPEP notes: “In a simple mechanical invention a broad spectrum of prior art must be explored and it is reasonable to permit inquiry into other areas where one of ordinary skill in the art would be aware that similar problems exist.” (MPEP 2141.01(a))
These examples illustrate that the determination of analogous art can vary depending on the technical field and the specific problem being addressed by the invention.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2141.01 - Scope And Content Of The Prior Art,
Patent Law,
Patent Procedure