Fandom

The IT Law Wiki

Undue experimentation

32,189pages on
this wiki
Add New Page
Talk0 Share

Ad blocker interference detected!


Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers

Wikia is not accessible if you’ve made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected.

U.S. patent law Edit

An invention is not patentable if the written specification would not enable a person skilled in the art to practice the claimed invention without undue experimentation. In determining

undue experimentation, the court examines (1) the quantity of experimentation; (2) the amount of direction or guidance present; (3) the presence or absence of working examples; (4) the nature of the invention; (5) the state of the prior art; (6) the relative skill of those in the art; (7) the predictability or unpredictability of the art; and (8) the breadth of the claims.[1]

The fact that experimentation may be complex does not necessarily make it undue, if the art typically engages in such experimentation.[2]

From the perspective of competitive impact, time-consuming experimentation is more likely to be undue in settings where product life-cycles are measured in months than where they are measured by decades. However, the factors traditionally considered in evaluating “undue experimentation” omit this commercial perspective.

References Edit

  1. In re Wands, 858 F.2d 731, 737, 8 U.S.P.Q.2d (BNA) 1400 (Fed. Cir. 1988) (full-text). See also MPEP 2164.01, MPEP 818.03(c).
  2. In re Certain Limited-Charge Cell Culture Microcarriers, 221 U.S.P.Q. (BNA) 1165, 1174 (Int'l Trade Comm"n 1983), aff'd sub nom., Massachusetts Inst. of Technology v. A.B. Fortia, 774 F.2d 1104, 227 U.S.P.Q. (BNA) 428 (Fed. Cir. 1985) (full-text).

Also on Fandom

Random Wiki