How does the USPTO handle inherency rejections for compositions or products?
How does the USPTO handle inherency rejections for compositions or products? The USPTO has specific guidelines for handling inherency rejections for compositions or products. According to MPEP 2112: “The inherent teaching of a prior art reference, a question of fact, arises both in the context of anticipation and obviousness.” For compositions or products, the MPEP…
Read MoreWhat constitutes enabling prior art for compounds and compositions?
Enabling prior art for compounds and compositions must allow one of ordinary skill in the art to make or synthesize the compound. As stated in MPEP 2121.02: “Where a process for making the compound is not developed until after the date of invention, the mere naming of a compound in a reference, without more, cannot…
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