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Simple English definitions for legal terms
Wands test
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A quick definition of Wands test:
The Wands test is a way for judges to determine if a patent application teaches someone skilled in the field how to make and use the invention. The test considers eight factors, including how much guidance is given, if there is a working example, and the level of skill of those in the field. If too much experimentation is needed, the application fails the test and the patent may not be granted.
A more thorough explanation:
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 without undue experimentation. The test takes into account eight factors:
- How much experimentation would be needed
- How much guidance is given
- Whether there is a working example
- 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
- The breadth of the claims
The factors are used to determine whether an unreasonable amount of research and testing would be required for a person skilled in the appropriate art to make and work an invention from the specification in the patent application. If undue experimentation would be required, the application fails the embodiment requirement of 35 USCA § 112.
For example, if a patent application claims a new type of battery, but the specification only provides vague instructions and no working example, a person skilled in the art may need to conduct extensive experimentation to make and work the invention. If the experimentation required is deemed to be undue, the patent application may fail the Wands test.