What role does the “nature of the invention” play in assessing undue experimentation?

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 “nature of the invention” is a crucial Wands factor in evaluating whether undue experimentation is required to practice an invention. This factor considers:

• The field of technology the invention belongs to
• The complexity of the invention
• The level of unpredictability in the art

According to MPEP 2164.01(a):

“The nature of the invention becomes the backdrop to determine the state of the art and the level of skill possessed by one skilled in the art.”

For example, inventions in unpredictable fields like biotechnology or chemistry may require more detailed disclosure to satisfy the enablement requirement compared to inventions in more predictable mechanical arts. The nature of the invention helps examiners contextualize the other Wands factors and determine the level of experimentation that would be considered “undue” in that particular field.