How are Jepson claims treated in relation to prior art admissions?

Jepson claims, which are formatted according to 37 CFR 1.75(e), are generally treated as implied admissions that the subject matter in the preamble is prior art. As stated in MPEP 2129:

“Drafting a claim in Jepson format (i.e., the format described in 37 CFR 1.75(e); see MPEP § 608.01(m)) is taken as an implied admission that the subject matter of the preamble is the prior art work of another.”

However, this implication can be overcome if the applicant provides another credible reason for using the Jepson format. Additionally, if the preamble describes the inventor’s own work, it may not be used against the claims.

To learn more:

• Jepson claims
• prior art admissions
• claim format
• patent procedure