What are “universal facts” in the context of MPEP 2124?
What are “universal facts” in the context of MPEP 2124?
In the context of MPEP 2124, “universal facts” refer to information that is generally known or widely accepted in the field of the invention. These facts are considered to be so fundamental that they don’t require prior art status to be used in patent examination.
The MPEP states: “In certain circumstances, references cited to show a universal fact need not be available as prior art before applicant’s filing date.” Universal facts can include basic scientific principles, well-established industry practices, or commonly known characteristics of materials or processes.
For example, a textbook published after the filing date of an application might be cited to show a universal fact about a material’s properties, even though it doesn’t qualify as prior art.
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