Can an applicant’s own activities be used against their patent claims?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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. Yes, an applicant’s own activities can be used against their patent claims. MPEP 715.01(d) clearly states: ‘The rejection may be based on activities by the inventor(s) or a different inventive entity.’ This means that even the applicant’s own public disclosures, sales, or other activities that occurred before the effective filing date of the claimed invention could potentially be used as prior art. However, the applicant may have the opportunity to overcome such rejections by filing an affidavit or declaration under 37 CFR 1.130 to establish an exception to prior art. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Affidavit or Declaration to Overcome Prior Art Rejection MPEP 715 Permitted Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Form Paragraph 7.57.fti MPEP 715 Required Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Form Paragraph 7.57.fti MPEP 715 Required Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Specific Form MPEP 715 Required Date to Overcome Prior Art Is Effective Date MPEP 715 Affidavit Requirement to Overcome Pre-AIA Rejection Based on Prior Activity MPEP 715.01(d) Permitted Patent Application Publications as Prior Art MPEP 715 Permitted Admission of Prior Art Prohibits Affidavit MPEP 715 Prohibited Date of Foreign Patent Availability as Prior Art MPEP 715 Prior Publication Before Filing Date Can Be Used as Reference MPEP 715 Other Related FAQs 5 FAQs Collapse What types of activities can be used against claims in a patent application? What activities can be applied against patent claims under MPEP 715.01(d)? What types of activities can be used against claims in patent applications? How does the AIA affect ...