How does the level of predictability in the art affect the quantity of experimentation?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The level of predictability in the art significantly affects the quantity of experimentation required for enablement in patent applications. MPEP 2164.06 states:

The amount of guidance or direction needed to enable the invention is inversely related to the amount of knowledge in the state of the art as well as the predictability in the art.

This means:

• In predictable arts (e.g., mechanical or electrical inventions), less guidance and fewer working examples may be needed to enable the invention.
• In unpredictable arts (e.g., chemical reactions, biotechnology), more detailed guidance and working examples are typically required to satisfy the enablement requirement.

Examiners consider the level of predictability when assessing whether the quantity of experimentation is undue. In highly unpredictable fields, a lack of guidance or working examples may lead to a conclusion of undue experimentation, whereas in predictable fields, skilled artisans may be able to practice the invention with less explicit instruction.