What is the significance of the “printed publication” bar in patent law?

The “printed publication” bar is a crucial concept in patent law, particularly in determining the novelty of an invention. According to MPEP 2128.01, a reference is considered a “printed publication” if it is accessible to the public. The MPEP states: “A reference is considered publicly accessible if it has been disseminated or otherwise made available…

Read More

What does “known or used by others in this country” mean in pre-AIA 35 U.S.C. 102(a)?

According to the MPEP, “The statutory language ‘known or used by others in this country’ [pre-AIA 35 U.S.C. 102(a)], means knowledge or use which is accessible to the public.” This interpretation was established in the case of Carella v. Starlight Archery. The MPEP further clarifies that for knowledge or use to be considered accessible to…

Read More

How does MPEP 2116 relate to patent examination?

MPEP 2116, titled “Novel, Nonobvious Starting Material or End Product,” is part of the broader chapter on patentability in the Manual of Patent Examining Procedure. While the specific content of this section is not provided, it likely guides patent examiners in assessing the patentability of processes involving novel or nonobvious starting materials or end products.…

Read More

How does implicit disclosure affect the novelty and obviousness of an invention?

Implicit disclosure plays a crucial role in determining the novelty and obviousness of an invention. When examining prior art, patent examiners consider both explicit teachings and implicit disclosures. As per MPEP 2144.01, “it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the…

Read More

What is anticipation in patent law?

Anticipation in patent law refers to a situation where a claimed invention is rejected under 35 U.S.C. 102 because it is not novel over a prior art disclosure. The MPEP states: A claimed invention may be rejected under 35 U.S.C. 102 when the invention is anticipated (or is “not novel”) over a disclosure that is…

Read More