Is the “how to use” requirement necessary for a prior art document to qualify as anticipatory under AIA 35 U.S.C. 102?
No, the “how to use” requirement is not necessary for a prior art document to qualify as anticipatory under AIA 35 U.S.C. 102. The MPEP explicitly states: “There is, however, no requirement that a prior art document meet the ‘how to use’ requirement of 35 U.S.C. 112(a) in order to qualify as prior art.” This means that a prior art document can anticipate a claimed invention even if it doesn’t explain how to use the invention, as long as it meets the disclosure and enablement requirements for making the invention.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2152.02(B) - Described In A Printed Publication,
Patent Law,
Patent Procedure