What role do working examples play in determining the quantity of experimentation?
Working examples play a crucial role in determining the quantity of experimentation required for enablement in patent applications. According to MPEP 2164.06:
The presence of a working example in the specification provides strong evidence that the disclosure is enabling and reduces the quantity of experimentation required.
Working examples serve several purposes:
- They demonstrate the invention’s operability
- They provide guidance on how to make and use the invention
- They can help establish the predictability of the art
- They can reduce the need for extensive experimentation by others skilled in the art
However, the absence of working examples doesn’t necessarily mean the disclosure is not enabling. The examiner must consider all the Wands factors and the nature of the invention to determine if undue experimentation would be required.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2164.06 - Quantity Of Experimentation,
Patent Law,
Patent Procedure