What does "undue experimentation" relate to in relation to patentability?

The concept of "undue experimentation" is closely tied to the enablement requirement outlined in 35 U.S.C. 112(a). This section mandates that a patent application must contain a written description of the invention that is sufficiently clear and complete to enable someone skilled in the relevant field to practice the invention without excessive effort or experimentation.

When examining whether a patent application meets the enablement requirement, the focus is on whether the disclosed content of the application allows a skilled artisan to replicate the invention without the need for undue experimentation. If a significant amount of experimentation is necessary, to the point that it would be considered impractical or beyond the scope of what a skilled practitioner would undertake, this can lead to the conclusion that the patent fails to meet the enablement standard.

The other options deal with different aspects of patent law. Patent term adjustment refers to the adjustments made to the term of a patent that may result from delays in the patent examination process. Novelty pertains to the requirement that an invention must be new to qualify for a patent, which is evaluated under 35 U.S.C. 102. Non-obviousness analysis assesses whether an invention is sufficiently inventive or non-obvious to someone skilled in the art, which is covered under 35 U