How can an applicant’s own work be considered prior art through admissions?

An applicant’s own work can be considered prior art through admissions in certain circumstances. According to MPEP 2129:

“Unless the admission is used as prior art, and the evidence is to the contrary, a statement by an applicant in the specification or made during prosecution identifying the work of another as ‘prior art’ is not an admission that the work is prior art against the claims.”

This means that if an applicant characterizes their own work as prior art, it can be used against them in the examination process. However, it’s crucial to note that:

• The admission must be clear and unambiguous
• The work must actually qualify as prior art under the relevant statutes (e.g., 35 U.S.C. 102)
• The examiner should consider the context of the admission

Applicants should be cautious when describing their own previous work in patent applications to avoid unintentional admissions of prior art.

To learn more:

• admissions
• prior art
• applicant’s own work
• MPEP 2129