What is the significance of “analogous art” in determining enablement for chemical compounds?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. “Analogous art” plays a crucial role in determining enablement for chemical compounds, especially when considering the knowledge of a person of ordinary skill in the art. The MPEP 2121.02 states: “ The level of disclosure required within a reference to make it an “enabling disclosure” is a function of the nature of the art. “ In chemical arts, analogous compounds or reactions can provide guidance on the enablement of a claimed compound. If the prior art discloses analogous compounds or reactions that are closely related to the claimed compound, it may be considered enabling if a person of ordinary skill could reasonably expect to synthesize the claimed compound based on the disclosed analogues and their general knowledge. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Same Disclosure Required for All Prior Art Types MPEP 2121 Required Enabling Disclosure Requirement for Anticipation MPEP 2121 Required No Discrimination Based on Nationality of Prior Art MPEP 2121 Prior Art Must Enable Invention for Anticipation MPEP 2121 Operability Presumption for Anticipatory Prior Art MPEP 2121 Examiner Can Reject Claims Based on Anticipation Without Enabling Inquiry MPEP 2121 Applicant Can Argue Lack of Enablement Without Evidence MPEP 2121 Permitted Evidence of Inoperable Compound MPEP 2121.02 Evidence of Unsuccessful Attempts to Make Compound Overcomes Rejection MPEP 2121.02 Patents Show Synthesis Methods Were Well Known MPEP 2121.02 Other Related FAQs 5 FAQs Collapse How does the AIA affect the relevant time for determining enabling prior art? Does an author&#8217;s failure to synthesize a compound invalidate it as prior art? What constitutes enabling prior art for compou...