What is a prima facie case of unpatentability?
A prima facie case of unpatentability is a crucial concept in patent law. The MPEP Section 2001.05 defines it as follows:
“A prima facie case of unpatentability is established when the information compels a conclusion that a claim is unpatentable under the preponderance of evidence, burden-of-proof standard, giving each term in the claim its broadest reasonable construction consistent with the specification, and before any consideration is given to evidence which may be submitted in an attempt to establish a contrary conclusion of patentability.”
In simpler terms, a prima facie case of unpatentability means that, based on the available information and without considering any counterarguments, there is enough evidence to conclude that a patent claim is not patentable. This is determined using the “preponderance of evidence” standard and by interpreting the claim terms broadly, as long as they’re consistent with the specification.
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