Warning

Info

LSDefine

Simple English definitions for legal terms

undue experimentation

Read a random definition: sistren

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

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
16:14
Justice as Fairness!
16:14
also wow I didn’t consider that about immigration policy. hmmm
16:17
@Law-Guy: you get it
16:19
@baddestbunny: oh yeah definitly. Idk how any system of government would work if you can't distribute social goods to everyone.
MildChiller
16:33
does anyone know if the Yale webinars are cameras on?
1a2b3c4d26z
16:35
Justice as deez!
17:49
Quentin Tarantino is interested in watching somebody’s ear getting cut off; David Lynch is interested in the ear.
18:03
Quentin Tarantino can't resist putting a gay scene with a black guy participating in the gay act in his movies.
18:05
David Lynch is just gay.
18:18
Lynch is more in touch with his unconscious/dream state than the average person
18:42
Probably. I just dont know. All I know is he did a good job with Dune.
18:45
You should watch Blue Velvet
18:46
How’s your LSAT studying been going?
18:49
It is good. I have about two more weeks and I broke the 90 level on LSAT Demon which is good last night. My goal is 95 so I can probably get it before I test. It is scaled our of 100. This is for LR. My RC is below that but I know the more I get better at MBT questions the better my RC becomes.
18:50
I watched the trailer for that movie. The run time is 2 hours. May watch it on 2x the speed. Just watched se7en and thats like as graphic as I get so I kinda need a break from weird bodyhorror stuff. The sloth guy in that movie scared me.
18:51
I do like psychological horror though.
18:53
Oh jesus don’t watch the movie at all if you’re gonna watch it on 2x speed
18:54
I have never used lsat demon; how do their levels relate to actual lsat scoring?
18:56
kinda go in 20 point intervals. 20 points if you have mastered lvl 1 difficulty questions, 100 points if you have mastered lvl 5.
18:56
Getting 100 points is incredibly difficult though. anything baout 95 is pushing the 175-180 range. 90-95 is like 170-174 or so. etc.
18:56
yeah but if you’re getting a 95 on all sections what LSAT score is that? how is that calculated?
18:56
oh okay
18:57
so 100 would be a 180?
18:57
Yeah, 100 is like you would get a 180 and there's nothing more to teach you. I have only seen someone with a 100 like 2/3 times.
18:57
are you taking practice tests that are being scored though?
18:57
or just drills
18:57
Yep, they get factored into it.
18:58
I do drilling essentially every day. A timed section every 3, and a test every 2 weeks.
1a2b3c4d26z
20:06
re: WashU's URM lsat differential - fair to chalk that up to LSAT redaction weirdness messing w the scale or are they generally starved for URMs
1a2b3c4d26z
20:07
And an (albeit negligible) inverse URM GPA differential
LSD+ is ad-free, with DMs, discounts, case briefs & more.