What is the significance of “relative skill of those in the art” in undue experimentation analysis?
The “relative skill of those in the art” is a crucial Wands factor in evaluating whether undue experimentation is required to practice an invention. This factor considers:
- The typical education level of practitioners in the field
- The level of experience and expertise expected
- The general knowledge available to skilled artisans
According to MPEP 2164.01(a):
“The relative skill of those in the art refers to the skill of those in the art in relation to the subject matter to which the claimed invention pertains at the time the application was filed.”
This factor helps determine what constitutes “undue” experimentation. For instance, if the invention is in a highly specialized field where practitioners typically have advanced degrees and years of experience, more complex procedures or calculations might be considered routine. Conversely, if the field typically involves less specialized knowledge, simpler and more explicit guidance may be necessary to enable the invention without undue experimentation.
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