What is the significance of “efficacy” in determining prior art operability for patent examinations?

In patent examinations, the “efficacy” of a prior art reference is not a determining factor for its operability. As stated in MPEP 2121.02: “A prior art reference provides an enabling disclosure and thus anticipates a claimed invention if the reference describes the claimed invention in sufficient detail to enable a person of ordinary skill in…

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What is the “reasonable basis” standard for prior art operability in patent examinations?

The “reasonable basis” standard for prior art operability in patent examinations refers to the level of evidence required to establish a prima facie case of anticipation or obviousness. According to MPEP 2121: “When the reference relied on expressly anticipates or makes obvious all of the elements of the claimed invention, the reference is presumed to…

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What is the difference between operability and enablement in patent law?

What is the difference between operability and enablement in patent law? In patent law, operability and enablement are related but distinct concepts. According to MPEP 2121: Operability refers to whether an invention actually works as described. A reference is considered operable if the disclosed invention functions as claimed. Enablement, on the other hand, relates to…

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How can the presumption of operability be challenged in a patent?

The presumption of operability in a patent can be challenged through affidavits or declarations that provide evidence of inoperability. However, MPEP 716.07 sets a high standard for such challenges: ‘Affidavits or declarations attacking the operability of a patent cited as a reference must rebut the presumption of operability by a preponderance of the evidence.’ This…

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