How does the MPEP 901 relate to prior art in patent examination?
MPEP 901 serves as a crucial reference point for understanding the concept of prior art in patent examination. While it doesn’t provide extensive details itself, it directs patent examiners and attorneys to other important sections of the MPEP that elaborate on prior art.
The section states:
“Note 37 CFR 1.104(a)(1) in MPEP § 707. See also MPEP § 2121 – § 2129.“
This directive indicates that:
- MPEP § 707 contains information about the citation of prior art during examination
- MPEP § 2121 – § 2129 provide comprehensive guidance on various aspects of prior art, including its types, application, and evaluation
By referencing these sections, MPEP 901 establishes a framework for understanding and applying prior art in the patent examination process.
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