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Simple English definitions for legal terms

undue experimentation

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A quick definition of undue experimentation:

Undue experimentation refers to the amount of research and testing that is considered unreasonable for a person skilled in a particular field to make and work an invention from the patent application. If the amount of experimentation required is too much, the application fails the embodiment requirement. The Wands test is a judicial test used to determine whether a patent application's specification teaches one skilled in the art how to make and work the claimed invention. The test takes into account eight factors, including the amount of experimentation needed, the guidance given, the nature of the invention, the state of the prior art, the level of skill of those in the art, how predictable or unpredictable the art is, and the breadth of the claims.

A more thorough explanation:

Undue experimentation is a term used in patents to describe an unreasonable amount of research and testing that would be required for a person skilled in the appropriate field to make and work an invention from the patent application. If undue experimentation is required, the application fails the embodiment requirement of 35 USCA § 112.

The Wands test is a judicial test used to determine whether a patent application's specification teaches one skilled in the art how to make and work the claimed invention. The test takes into account eight factors:

  1. How much experimentation would be needed
  2. How much guidance is given
  3. Whether there is a working example
  4. The nature of the invention
  5. The state of the prior art
  6. The level of skill of those in the art
  7. How predictable or unpredictable the art is
  8. The breadth of the claims

The factors are illustrative rather than mandatory.

Suppose a patent application claims a new type of battery that can last for 100 years. However, the application does not provide any working examples or guidance on how to make the battery. A person skilled in the art would need to conduct extensive research and testing to make and work the battery, which would be considered undue experimentation. Therefore, the application would fail the embodiment requirement of 35 USCA § 112.

undue-burden test | undue multiplicity of claims

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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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