How does the USPTO determine the inventor’s field of endeavor in patent applications?
The USPTO determines the inventor’s field of endeavor by examining the content of the patent application, particularly the specification. According to MPEP 2141.01(a):
“The examiner must determine what is ‘analogous prior art’ for the purpose of analyzing the obviousness of the subject matter at issue. ‘The determination of what is analogous prior art is fact specific and requires an analysis of the similarities and differences between the purported analogous art and the claimed invention.'”
To determine the field of endeavor:
- Examiners review the specification, including the background section and the detailed description of the invention.
- They consider the problem the inventor was trying to solve.
- The claims are also analyzed to understand the scope of the invention.
- If the specification explicitly states the field of endeavor, that statement is given considerable weight.
It’s important to note that the field of endeavor should be construed broadly to encompass the areas in which one skilled in the art would reasonably be expected to look for a solution to the problem facing the inventor.
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