What constitutes enabling prior art for plant patents?
Enabling prior art for plant patents requires that the reference, combined with knowledge in the prior art, must enable one of ordinary skill in the art to reproduce the plant. The MPEP 2121.03 states: “When the claims are drawn to plants, the reference, combined with knowledge in the prior art, must enable one of ordinary…
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…
Read MoreHow does the AIA affect the relevant time for determining enabling prior art?
The America Invents Act (AIA) has changed the relevant time for determining enabling prior art. As noted in MPEP 2121.02: “For applications subject to the first inventor to file (FITF) provisions of the AIA, the relevant time is ‘before the effective filing date of the claimed invention’. For applications subject to pre-AIA 35 U.S.C. 102,…
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