Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

undue experimentation

Read a random definition: interstate adoption

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

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
CheeseIsMyLoveLanguage
19:04
@MrThickRopes: Don't manifest the wrong things in your altered state tonight! Make sure you're sending us to the right places! I didn't even apply to Bama! 🤣
19:07
We all gonna make it
19:08
You gon get dat Mich A matter o fact they gon make you the dean
c0bra1
19:09
surely it's not impossible for someone to get into nyu being below both 25th gpa and lsat... surely...
CheeseIsMyLoveLanguage
19:12
@c0bra1: Hella softs?!?
c0bra1
19:21
...i am but a lowly kjd with a shit gpa...the softs are barely soft...surely not impossible
c0bra1
19:22
copium copium
19:27
Man I’m still holding out for dat Berk so you not coping as bad as me
CheeseIsMyLoveLanguage
19:28
@c0bra1: Go to NYU's admit graphs. Choose LAST year. FOUR people were under the 25th percentile for BOTH LSAT and GPA. Definitely not impossible!
CheeseIsMyLoveLanguage
19:31
@c0bra1: The year before that, there were THREE people! So far this year, none! Which means you could be one of the data points giving someone else hope next year!
c0bra1
19:35
my love language is words of affirmation, if only i could gift you some high quality gruyere in return :0
c0bra1
19:36
@MrThickRopes: IT AINT OVER TILL ITS OVER 🙏
CheeseIsMyLoveLanguage
19:38
@c0bra1: Hey! I had some gruyere today, actually! You must've sent it in advance! 🥰
CheeseIsMyLoveLanguage
19:40
@c0bra1: Also, kjd that knows love languages AND good cheese? NYU is totally missing out if they pass you up!
20:38
We getting decisions tmrw morning?
20:41
I am getting decisions tomorrow morning, I will appear before the judge to determine my child support payment to my exwife.
21:29
bro pays child support couldn't be me
sweettea
21:35
^ that’s what my dad said
sweettea
21:37
My promise remains intact that if I get into NYU I will learn how to DJ
sweettea
21:37
If I don’t I won’t bc it seems like a lot of work
21:38
got damn my ropes be thick
sweettea
21:39
Bro jerking it on a Tuesday night
21:43
anny time of da day
21:44
at home at work at the bus station it don't matter
21:47
in a video game to be clear-
KnowledgeableRitzyWasp
22:52
damn that’s not very ohio gyatt rizz of you
MrThickRopes
23:11
fr fr
OrangeThing
23:15
Got tickets to see one of my fav band’s final shows in Denmark
MrThickRopes
0:53
We gon get decisions td
MrThickRopes
0:54
I can feel it
LSD+ is ad-free, with DMs, discounts, case briefs & more.