What are the Wands factors for determining undue experimentation?
The Wands factors, established in In re Wands, 858 F.2d 731 (Fed. Cir. 1988), are a set of criteria used to determine whether a patent disclosure satisfies the enablement requirement. According to MPEP 2164.01(a), these factors include:
- (A) The breadth of the claims;
- (B) The nature of the invention;
- (C) The state of the prior art;
- (D) The level of one of ordinary skill;
- (E) The level of predictability in the art;
- (F) The amount of direction provided by the inventor;
- (G) The existence of working examples; and
- (H) The quantity of experimentation needed to make or use the invention based on the content of the disclosure.
The MPEP states that “It is improper to conclude that a disclosure is not enabling based on an analysis of only one of the above factors while ignoring one or more of the others.” All factors must be considered when evaluating enablement.
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Topics:
MPEP 2100 - Patentability,
MPEP 2164.01(A) - Undue Experimentation Factors,
Patent Law,
Patent Procedure