What is the significance of “teaching away” in patent law?
“Teaching away” is an important concept in patent law, particularly when considering prior art. According to MPEP 2123, the mere disclosure of alternatives does not constitute teaching away:
“[T]he prior art’s mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives because such disclosure does not criticize, discredit, or otherwise discourage the solution claimed….”
This means that for a reference to “teach away” from a claimed invention, it must do more than just describe alternative solutions. It must actively criticize, discredit, or discourage the claimed solution. However, it’s important to note that even if a reference teaches away, it may still be relevant prior art:
“The fact that a modem with a single carrier data signal is shown to be less than optimal does not vitiate the fact that it is disclosed.”
This principle ensures that all relevant prior art is considered, even if it suggests that the claimed invention might be less preferable.
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