How does the USPTO evaluate the use of prior art in computer programming patent applications?

The USPTO carefully evaluates the use of prior art in computer programming patent applications, particularly in relation to enablement. Key points from the MPEP include:

1. Commercial availability of identified prior art computer systems is very pertinent to enablement.
2. Citing technical publications or prior art patents alone may not be sufficient to satisfy the enablement requirement.
3. Prior art patents and publications must have a publication date earlier than the effective filing date of the application under consideration.
4. The specification must effectively set forth the integration of the prior art.

The MPEP emphasizes:

“Merely citing prior art patents to demonstrate that the challenged components are old may not be sufficient proof since, even if each of the enumerated devices or labeled blocks in a block diagram disclosure were old, per se, this would not make it self-evident how each would be interconnected to function in a disclosed complex combination manner.”

Examiners will analyze cited patents for their relevance to the invention and whether they provide better detail of disclosure than the applicant’s own disclosure. Additionally, any cited programming techniques should be of approximately the same degree of complexity as the disclosed techniques to demonstrate enablement.

To learn more:

• prior art
• computer programming
• enablement
• patent examination