What is the relevance of “teaching away” in patent examination?
“Teaching away” is an important concept in patent examination, particularly when assessing obviousness. The MPEP 2141.02 discusses this concept in the context of considering prior art:
“A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention.”
When a prior art reference teaches away from the claimed invention, it suggests that the invention would not have been obvious to a person of ordinary skill in the art. However, it’s important to note that not all contradictory teachings constitute teaching away. The MPEP clarifies:
“[T]he prior art’s mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives because such disclosure does not criticize, discredit, or otherwise discourage the solution claimed….”
Therefore, to establish teaching away, the prior art must do more than just describe alternatives; it must actively discourage or criticize the claimed solution.
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