How does the specification’s guidance affect the assessment 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 guidance provided in the specification plays a crucial role in assessing whether the required experimentation is reasonable or undue. The MPEP addresses this in section 2164.06:

“[A]n extended period of experimentation may not be undue if the skilled artisan is given sufficient direction or guidance.”

Key points to consider:

• Clear and detailed instructions in the specification can justify more extensive experimentation
• The specification should provide a “reasonable amount of guidance” on how to perform the experimentation
• Lack of guidance may make even a small amount of experimentation “undue”

In essence, the more detailed and helpful the guidance in the specification, the more experimentation can be considered reasonable and not “undue.”