What is meant by considering the invention “as a whole”?
Considering the invention “as a whole” means evaluating the entire claimed invention, rather than focusing on individual elements or differences. The MPEP 2141.02 emphasizes this concept:
“Distilling an invention down to the ‘gist’ or ‘thrust’ of an invention disregards the requirement of analyzing the subject matter ‘as a whole.'”
This approach prevents oversimplification of the invention and ensures that all aspects of the claimed subject matter are considered when assessing patentability. It’s crucial for both patent examiners and applicants to avoid focusing solely on individual features and instead consider how all elements work together in the context of the entire invention.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2141.02 - Differences Between Prior Art And Claimed Invention,
Patent Law,
Patent Procedure