What is the “same article” principle in MPEP 2112.01?
What is the “same article” principle in MPEP 2112.01?
The “same article” principle is explained in MPEP 2112.01 as follows:
“Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established.”
This principle is crucial in patent examination for product and apparatus claims. It means that if a claimed product is identical or very similar to a product in the prior art, either in its structure, composition, or the way it’s made, the examiner can reasonably assume that the claimed product is not patentable due to anticipation or obviousness.
The MPEP further clarifies:
“When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not.”
This shifts the burden to the patent applicant to prove that their product is different from the prior art, even if they appear to be the same.
To learn more: