What is the relationship between undue experimentation and enablement in patent law?
What is the relationship between undue experimentation and enablement in patent law?
The concept of undue experimentation is closely tied to the enablement requirement in patent law. According to MPEP 2164, “The test of enablement is whether one reasonably skilled in the art could make or use the invention from the disclosures in the patent coupled with information known in the art without undue experimentation.”
Key points about undue experimentation and enablement:
- If undue experimentation is required to practice the invention, the specification is not enabling.
- Some experimentation is acceptable, but it must not be excessive or unreasonable.
- The amount of experimentation must be weighed against the nature of the invention and the state of the prior art.
The Wands factors are often used to determine whether the experimentation required is undue. These factors include the nature of the invention, the state of the prior art, and the level of predictability in the art, among others.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2164 - The Enablement Requirement,
Patent Law,
Patent Procedure