How can later publications be used to show the level of ordinary skill in the art?
Later publications, which do not qualify as prior art due to their post-dating of the claimed invention, can still be valuable in patent examination. According to MPEP 2124: “References which do not qualify as prior art because they postdate the claimed invention may be relied upon to show the level of ordinary skill in the…
Read MoreWhen can later publications be used as references in patent examination?
Later publications can be used as references in patent examination under specific circumstances, primarily to show universal facts or scientific truisms. The MPEP 2124 provides several examples: To show that undue experimentation would have been required as of the filing date To demonstrate whether a parameter was critical or not To prove that a statement…
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