How can later publications be used to show the level of ordinary skill in the art?
Later publications, which do not qualify as prior art due to their post-dating of the claimed invention, can still be valuable in patent examination. According to MPEP 2124:
“References which do not qualify as prior art because they postdate the claimed invention may be relied upon to show the level of ordinary skill in the art at or around the time the invention was made.“
This means that examiners and attorneys can use these later publications to provide context about the general knowledge and capabilities in the field at the time of the invention. This can be particularly useful when assessing non-obviousness or inventive step, as it helps establish what would have been considered routine or expected by those skilled in the art at the relevant time.
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