How does the USPTO handle prior art references from non-analogous arts in patent examinations?

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 USPTO considers prior art references from non-analogous arts in patent examinations, particularly for obviousness rejections. According to MPEP 2141.01(a):

“A reference is analogous art to the claimed invention if: (1) the reference is from the same field of endeavor as the claimed invention (even if it addresses a different problem); or (2) the reference is reasonably pertinent to the problem faced by the inventor (even if it is not in the same field of endeavor as the claimed invention).”

This means that:

• Prior art from different fields can be considered if it’s relevant to the problem being solved.
• The examiner must explain the relevance of non-analogous art.
• Applicants can challenge the use of non-analogous art by demonstrating its irrelevance.

The key is whether a person of ordinary skill would reasonably look to that art to solve the problem at hand, regardless of the field.