How does the quantity of experimentation affect enablement?
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 quantity of experimentation is one factor in determining enablement, but it’s not the sole determining factor. As stated in MPEP 2164.06:
“The quantity of experimentation needed to be performed by one skilled in the art is only one factor involved in determining whether ‘undue experimentation’ is required to make and use the invention.”
It’s important to note that a large quantity of experimentation may be acceptable if it’s routine or if the specification provides sufficient guidance. The key is whether the experimentation is “undue” rather than simply extensive.