How does the USPTO define the “field of endeavor” in patent examination?
The USPTO takes a broad approach to defining the “field of endeavor” in patent examination. According to MPEP 2141.01(a):
“The determination of what is analogous prior art is fact specific and may vary from case to case. In determining whether a reference is reasonably pertinent, an examiner should consider the problem faced by the inventor, as reflected – either explicitly or implicitly – in the specification.”
Key points to consider when defining the field of endeavor:
- It should be interpreted broadly to encompass the full scope of the inventor’s work.
- The examiner should consider the problem faced by the inventor, as reflected in the specification.
- The field of endeavor is not limited to the specific function or structure of a claimed invention.
- It may include other fields that one of ordinary skill in the art would have considered when addressing the problem solved by the invention.
This broad interpretation helps ensure that relevant prior art is not overlooked during the examination process.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2141.01(A) - Analogous And Nonanalogous Art,
Patent Law,
Patent Procedure