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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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MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
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