How does the MPEP define “reasonably pertinent” in the context of analogous art?
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.
How does the MPEP define “reasonably pertinent” in the context of analogous art?
The MPEP provides guidance on determining whether a reference is “reasonably pertinent” to the problem faced by the inventor. According to MPEP 2141.01(a):
“A reference is reasonably pertinent if, even though it may be in a different field from that of the inventor’s endeavor, it is one which, because of the matter with which it deals, logically would have commended itself to an inventor’s attention in considering his problem.”
To determine if a reference is reasonably pertinent:
- Identify the problem faced by the inventor
- Evaluate whether the reference addresses the same or similar problem
- Consider if an inventor would logically look to the reference when trying to solve the problem
It’s important to note that the problem addressed by the reference doesn’t have to be identical to the inventor’s problem. The key is whether it would logically lead one of ordinary skill in the art to consider the reference when addressing the inventor’s problem.