What constitutes an admission as prior art in patent examinations?

An admission as prior art in patent examinations is a statement made by the applicant or their representative that acknowledges certain information as being part of the prior art. According to MPEP 2129, “A statement by an applicant in the specification or made during prosecution identifying the work of another as ‘prior art’ is an admission which can be relied upon for both anticipation and obviousness determinations.” This can include statements in the specification, during prosecution, or in other official communications with the USPTO.

It’s important to note that admissions can be:

• Explicit statements identifying something as prior art
• Descriptions of prior art in the background section of the specification
• Characterizations of the applicant’s own work as prior art

However, the MPEP also cautions that “mere arguments or statements that a reference is not prior art are not admissions that it is prior art.”

To learn more:

• admissions
• prior art
• patent examination
• MPEP 2129