What is used to assess undue experimentation in enablement?

The concept of undue experimentation in enablement revolves around whether a person skilled in the art would be able to practice the invention as claimed without undue experimentation. The complexity of the invention is a crucial factor in this assessment because it directly relates to how much effort, time, and resources would be necessary for someone skilled in the field to replicate the invention.

When an invention is complex, it may require extensive knowledge, sophisticated techniques, or special equipment, which can contribute to a determination that undue experimentation is required. In contrast, if the invention is straightforward, with clear instructions and commonly available techniques, it is more likely that a person skilled in the art could easily practice the invention.

While the other factors mentioned, such as market value and skilled labor availability, might provide some contextual understanding of the invention's impact or accessibility, they are not direct measures of whether undue experimentation exists regarding enablement. The focus is primarily on the inherent complexity of the invention itself and the degree to which it can be replicated without excessive experimentation.

Thus, emphasizing the complexity of the invention aligns most closely with the established criteria for assessing undue experimentation in enablement.