What factors determine the quantity of experimentation in patent applications?

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 quantity of experimentation required to make and use an invention is determined by several factors, as outlined in MPEP 2164.06:

• The breadth of the claims
• The nature of the invention
• The state of the prior art
• The level of one of ordinary skill in the art
• The level of predictability in the art
• The amount of direction provided by the inventor
• The existence of working examples
• The quantity of experimentation needed to make or use the invention based on the content of the disclosure

These factors, known as the Wands factors, are used by examiners to assess whether the disclosure provides sufficient enablement for the claimed invention.