Is the “how to use” requirement necessary for a prior art document to qualify as anticipatory under AIA 35 U.S.C. 102?
No, the “how to use” requirement is not necessary for a prior art document to qualify as anticipatory under AIA 35 U.S.C. 102. The MPEP explicitly states: “There is, however, no requirement that a prior art document meet the ‘how to use’ requirement of 35 U.S.C. 112(a) in order to qualify as prior art.” This…
Read MoreWhat is the significance of the “effective filing date” in relation to printed publications under MPEP 2152.02(b)?
The “effective filing date” plays a crucial role in determining whether a printed publication qualifies as prior art under MPEP 2152.02(b). The manual states: “AIA 35 U.S.C. 102(a)(1) uses the term ‘described in a printed publication’ while pre-AIA 35 U.S.C. 102(a) and (b) use the term ‘described in a printed publication.’ However, both the pre-AIA…
Read MoreHow does the description requirement differ between 35 U.S.C. 112(a) and AIA 35 U.S.C. 102(a)(1) or (a)(2)?
There is an important distinction between the description requirements of 35 U.S.C. 112(a) and AIA 35 U.S.C. 102(a)(1) or (a)(2): For 35 U.S.C. 112(a): “It is necessary that the specification describe and enable the entire scope of the claimed invention.” For AIA 35 U.S.C. 102(a)(1) or (a)(2): “The prior art document need only describe and…
Read MoreHow does the “described” requirement differ between AIA and pre-AIA patent law?
The MPEP clarifies that the “described” requirement remains essentially unchanged between pre-AIA and AIA patent law. It states: “The Office does not view the AIA as changing the extent to which a claimed invention must be described for a prior art document to anticipate the claimed invention under 35 U.S.C. 102.” This means that the…
Read MoreWhat are the two basic requirements for a prior art document to anticipate a claimed invention under AIA 35 U.S.C. 102?
According to the MPEP, there are two basic requirements for a prior art document to anticipate a claimed invention under AIA 35 U.S.C. 102: Disclosure of elements: “Each and every element of the claimed invention” must be disclosed either explicitly or inherently, and the elements must be “arranged or combined in the same way as…
Read More