What is the significance of unsuccessful attempts to prepare a compound in prior art?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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. Unsuccessful attempts to prepare a compound disclosed in prior art can be significant in demonstrating that the prior art lacks an enabling disclosure. According to MPEP 2121.02 : “When a prior art reference merely discloses the structure of the claimed compound, evidence showing that attempts to prepare that compound were unsuccessful before the relevant time will be adequate to show inoperability.” This means that if an applicant can provide evidence of failed attempts to synthesize the compound using methods known at the time, it can help establish that the prior art reference is not enabling and thus may not be valid for rejecting the claimed invention. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Evidence of Unsuccessful Attempts to Make Compound Overcomes Rejection MPEP 2121.02 Evidence of Inoperable Compound MPEP 2121.02 Applicant Can Argue Lack of Enablement Without Evidence MPEP 2121 Permitted Same Disclosure Required for All Prior Art Types MPEP 2121 Required Enabling Disclosure Requirement for Anticipation MPEP 2121 Required Relevant Time for Pre-AIA Inventions MPEP 2121.02 Affidavit Suffices to Show Inoperability MPEP 2121.02 No Discrimination Based on Nationality of Prior Art MPEP 2121 Prior Art Must Enable Invention for Anticipation MPEP 2121 Operability Presumption for Anticipatory Prior Art MPEP 2121 Other Related FAQs 5 FAQs Collapse How does the AIA affect the relevant time for determining enabling prior art? What is the significance of &#8220;analogous art&#8221; in determining enablement for chemical compounds? Does an author&#8217;s failure to synthesize a compound invalidate it as prior art? What constitutes enabling prior art for compou...