What is the significance of unsuccessful attempts to prepare a compound in prior art?
Unsuccessful attempts to prepare a compound disclosed in prior art can be significant in demonstrating that the prior art lacks an enabling disclosure. According to MPEP 2121.02:
“When a prior art reference merely discloses the structure of the claimed compound, evidence showing that attempts to prepare that compound were unsuccessful before the relevant time will be adequate to show inoperability.”
This means that if an applicant can provide evidence of failed attempts to synthesize the compound using methods known at the time, it can help establish that the prior art reference is not enabling and thus may not be valid for rejecting the claimed invention.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2121.02 - Compounds And Compositions — What Constitutes Enabling Prior Art,
Patent Law,
Patent Procedure