What is the legal basis for using admissions as prior art?

The use of admissions as prior art in patent law is supported by case law. Two significant cases cited in the MPEP provide the legal basis for this practice:

• Riverwood Int’l Corp. v. R.A. Jones & Co., 324 F.3d 1346, 1354, 66 USPQ2d 1331, 1337 (Fed. Cir. 2003)
• Constant v. Advanced Micro-Devices Inc., 848 F.2d 1560, 1570, 7 USPQ2d 1057, 1063 (Fed. Cir.1988)

These cases establish that admissions can be relied upon for both anticipation and obviousness determinations in patent examination and litigation.

For more information on admissions as prior art, refer to MPEP § 2129.

To learn more:

• legal basis
• admissions
• prior art
• case law
• patent examination