How can a non-prior art reference be used under MPEP 2124?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Under MPEP 2124 , a non-prior art reference can be used in specific ways during patent examination: To show the level of ordinary skill in the art at the time of the invention To demonstrate that certain features were well-known in the art To provide evidence of the state of the art The section states: “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.” However, it’s important to note that such references cannot be used to show anticipation or obviousness of the claimed invention. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse References Showing Art Level at Relevant Time MPEP 2124 Permitted Use of Post-Filing Date Evidence for Enablement MPEP 2124 Required Post-Effective Filing Date Evidence for State of the Art MPEP 2124 Specification Must Enable One of Ordinary Skill Without Undue Experimentation MPEP 2164.06(c) Required Post-Effective-Filing-State of the Art Evidence Is Improper MPEP 2124 Post-Effective-Filing-Date Evidence for Inoperability MPEP 2124 Post-Effective-Filing-Date Evidence Not for Enablement MPEP 2124 Discussion of Prior Art Does Not Invalidate Enablement MPEP 2164.01 Determining Well-Understood, Routine, Conventional Activity MPEP 2106.05(d) Recommended Summaries Not Reliable Without Full Reading MPEP 2164.06(b) Recommended Other Related FAQs 5 FAQs Collapse What is the difference between using a reference under MPEP 2124 and as prior art? What is the exception to the rule that a reference must be prior art? When can later publications be used as references in patent examination? How can later ...