What are examples of universal facts that can be shown by non-prior art references?
Non-prior art references can be used to show universal facts in patent examination. The MPEP 2124 provides several examples of such universal facts:
- Characteristics and properties of a material
- Scientific truisms
- Whether undue experimentation would have been required at the filing date
- Whether a parameter was critical or not
- The accuracy of statements in the specification
- Whether the invention was inoperative or lacked utility
- Whether a claim was indefinite
- Known characteristics of prior art products
These examples illustrate that non-prior art references can be used to establish facts that were true at the time of filing, even if the reference itself was published later. This allows for a more comprehensive evaluation of the patent application based on the state of knowledge at the relevant time.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2124 - Exception To The Rule That The Reference Must Be Prior Art,
Patent Law,
Patent Procedure