Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2100 – Patentability (2)
The “ready for patenting” requirement is the second prong of the Pfaff test for determining if an invention was “on sale” for the purposes of the on-sale bar. According to MPEP 2133.03(b), an invention is “ready for patenting” when either:
- The invention is reduced to practice; or
- The inventor has prepared drawings or other descriptions of the invention sufficient to enable a person skilled in the art to practice the invention.
This requirement ensures that the invention was sufficiently developed at the time of the offer for sale. It prevents inventors from claiming the on-sale bar doesn’t apply because the invention wasn’t complete, even if they were commercially exploiting the concept.
To learn more:
An “enabling disclosure” in patent law refers to a prior art reference that provides sufficient information for a person of ordinary skill in the art to make and use the claimed invention without undue experimentation. The Manual of Patent Examining Procedure (MPEP) Section 2121.01 states:
“A reference contains an ‘enabling disclosure’ if the public was in possession of the claimed invention before the effective filing date of the claimed invention for applications or patents subject to the first inventor to file provisions of the AIA or the time the invention was made for applications or patents subject to pre-AIA law.”
This means that the prior art must provide enough detail for someone skilled in the field to reproduce the invention without excessive difficulty.
To learn more:
MPEP 2121.01 – Use Of Prior Art In Rejections Where Operability Is In Question (1)
An “enabling disclosure” in patent law refers to a prior art reference that provides sufficient information for a person of ordinary skill in the art to make and use the claimed invention without undue experimentation. The Manual of Patent Examining Procedure (MPEP) Section 2121.01 states:
“A reference contains an ‘enabling disclosure’ if the public was in possession of the claimed invention before the effective filing date of the claimed invention for applications or patents subject to the first inventor to file provisions of the AIA or the time the invention was made for applications or patents subject to pre-AIA law.”
This means that the prior art must provide enough detail for someone skilled in the field to reproduce the invention without excessive difficulty.
To learn more:
MPEP 2133.03(B) – "On Sale" (1)
The “ready for patenting” requirement is the second prong of the Pfaff test for determining if an invention was “on sale” for the purposes of the on-sale bar. According to MPEP 2133.03(b), an invention is “ready for patenting” when either:
- The invention is reduced to practice; or
- The inventor has prepared drawings or other descriptions of the invention sufficient to enable a person skilled in the art to practice the invention.
This requirement ensures that the invention was sufficiently developed at the time of the offer for sale. It prevents inventors from claiming the on-sale bar doesn’t apply because the invention wasn’t complete, even if they were commercially exploiting the concept.
To learn more:
Patent Law (2)
The “ready for patenting” requirement is the second prong of the Pfaff test for determining if an invention was “on sale” for the purposes of the on-sale bar. According to MPEP 2133.03(b), an invention is “ready for patenting” when either:
- The invention is reduced to practice; or
- The inventor has prepared drawings or other descriptions of the invention sufficient to enable a person skilled in the art to practice the invention.
This requirement ensures that the invention was sufficiently developed at the time of the offer for sale. It prevents inventors from claiming the on-sale bar doesn’t apply because the invention wasn’t complete, even if they were commercially exploiting the concept.
To learn more:
An “enabling disclosure” in patent law refers to a prior art reference that provides sufficient information for a person of ordinary skill in the art to make and use the claimed invention without undue experimentation. The Manual of Patent Examining Procedure (MPEP) Section 2121.01 states:
“A reference contains an ‘enabling disclosure’ if the public was in possession of the claimed invention before the effective filing date of the claimed invention for applications or patents subject to the first inventor to file provisions of the AIA or the time the invention was made for applications or patents subject to pre-AIA law.”
This means that the prior art must provide enough detail for someone skilled in the field to reproduce the invention without excessive difficulty.
To learn more:
Patent Procedure (2)
The “ready for patenting” requirement is the second prong of the Pfaff test for determining if an invention was “on sale” for the purposes of the on-sale bar. According to MPEP 2133.03(b), an invention is “ready for patenting” when either:
- The invention is reduced to practice; or
- The inventor has prepared drawings or other descriptions of the invention sufficient to enable a person skilled in the art to practice the invention.
This requirement ensures that the invention was sufficiently developed at the time of the offer for sale. It prevents inventors from claiming the on-sale bar doesn’t apply because the invention wasn’t complete, even if they were commercially exploiting the concept.
To learn more:
An “enabling disclosure” in patent law refers to a prior art reference that provides sufficient information for a person of ordinary skill in the art to make and use the claimed invention without undue experimentation. The Manual of Patent Examining Procedure (MPEP) Section 2121.01 states:
“A reference contains an ‘enabling disclosure’ if the public was in possession of the claimed invention before the effective filing date of the claimed invention for applications or patents subject to the first inventor to file provisions of the AIA or the time the invention was made for applications or patents subject to pre-AIA law.”
This means that the prior art must provide enough detail for someone skilled in the field to reproduce the invention without excessive difficulty.
To learn more: