WANDS TEST

Wands test.Patents. A judicial test of “undue experimentation” for determining whether a patent application’s specification teaches one skilled in the art how to make and work the claimed invention. In re Wands, 858 F.2d 731 (Fed. Cir. 1988). • The test takes account of 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, and (8) the breadth of the claims. The factors (often called Wands factors) are illustrative rather than mandatory. See UNDUE EXPERIMENTATION. [Cases: Patents  99. C.J.S. Patents § 139.]
[Blacks Law 8th]