MPEP 2141.01(a): Analogous Art

Answer in brief

Under MPEP 2141.01(a), a reference can support an obviousness rejection only if it is analogous art. It is analogous if it is from the same field of endeavor as the claimed invention, or, if not, it is reasonably pertinent to the problem the inventor faced.

What MPEP 2141.01(a) covers

The analogous-art requirement limits which references an examiner may combine under § 103.

Test 1: same field of endeavor, judged from the claimed invention and the specification.
Test 2: reasonably pertinent to the particular problem with which the inventor was involved.
Meeting either test is enough.
Analogous art is a § 103 requirement; any reference can anticipate under § 102.

How examiners use it

Applicants argue a reference is nonanalogous; the examiner must then explain why it meets one of the two tests.

On the patent bar

Know both tests and that analogous art does not apply to anticipation.

Read the full text

Official title: Analogous and Nonanalogous Art [R-01.2024].

Read MPEP 2141 in full on Wysebridge ↗

Or at the source: USPTO MPEP § 2141.

Sources for this entry

USPTO — MPEP § 2141 USPTO
Official text of this section, Ninth Edition, Revision 01.2024.
Wysebridge MPEP Center Wysebridge (publisher of this site)
The full MPEP (9th Ed., Rev. 01.2024) free to read, with Wysebridge's estimated patent bar weight for each chapter.

Practical guidance is original editorial content. Company-published figures are the company's own claims and are labeled as such.

Continue this reading path

MPEP 2141: Determining Obviousness Under 35 U.S.C. 103 MPEP 2143: The KSR Rationales for Obviousness

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Cite or share this entry

MPEP.net. “MPEP 2141.01(a): Analogous Art.” Wysebridge Reference. Content reviewed 9 November 2026.
https://mpep.net/mpep-2141-01-a/