What are the requirements for establishing an actual reduction to practice?
To establish an actual reduction to practice, an inventor must meet a two-prong test as described in MPEP 2138.05: The inventor must have constructed an embodiment or performed a process that meets every element of the patent claim. The embodiment or process must have operated for its intended purpose. As stated in the MPEP: “In…
Read MoreWhat is the significance of “proposed modification cannot render the prior art unsatisfactory for its intended purpose”?
What is the significance of “proposed modification cannot render the prior art unsatisfactory for its intended purpose”? This principle is crucial in evaluating the obviousness of a claimed invention. According to MPEP 2143.01(V): “If a proposed modification would render the prior art invention being modified unsatisfactory for its intended purpose, then there is no suggestion…
Read MoreWhat is the significance of the “intended purpose” of prior art in obviousness determinations?
The proposed modification of prior art must not render it unsatisfactory for its intended purpose when determining obviousness. According to MPEP 2143.01, “If a proposed modification would render the prior art invention being modified unsatisfactory for its intended purpose, then there is no suggestion or motivation to make the proposed modification.” This principle, established in…
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