What is the significance of “reasonably conveyed” in prior art analysis?

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.

What is the significance of “reasonably conveyed” in prior art analysis?

The concept of “reasonably conveyed” is crucial in prior art analysis for patent examinations. According to MPEP 2136.02:

“Subject matter that is prior art under 35 U.S.C. 102(a)(2) based on an earlier effective filing date than the application under examination is available as prior art to the fullest extent of its contents for all that it would have reasonably conveyed to a person of ordinary skill in the art.”

The significance of “reasonably conveyed” lies in its broadening effect on prior art interpretation:

• It allows examiners to consider not just explicit disclosures, but also implicit teachings that a skilled artisan would understand.
• It extends the scope of prior art beyond literal descriptions to include logical inferences and common knowledge in the field.
• It helps prevent applicants from obtaining patents on obvious variations or inherent properties of known inventions.

This standard ensures a thorough examination of patent applications against the state of the art, promoting innovation while preventing overly broad patent grants.