Does an author’s failure to synthesize a compound invalidate it as prior art?

An author’s failure to synthesize a compound does not automatically invalidate it as prior art. The MPEP 2121.02 clarifies:

“The fact that an author of a publication did not attempt to make the compound disclosed, without more, will not overcome a rejection based on that publication.”

This means that simply because the author of a prior art reference didn’t actually make the compound doesn’t make the reference inoperable. Other factors, such as the availability of general processes for making the class of compounds, are considered. It’s important to provide additional evidence beyond just the author’s lack of synthesis to challenge the operability of a reference.

To learn more:

• prior art
• compound synthesis
• patent examination
• operability