How does the USPTO handle post-filing date evidence for enablement?
How does the USPTO handle post-filing date evidence for enablement? The USPTO has specific guidelines for handling post-filing date evidence in relation to enablement. According to MPEP 2164.05(a), “Evidence to support a contention that the specification would have been enabling may be submitted after the filing date without incident.” However, it’s important to note that…
Read MoreHow does the USPTO handle post-filing date evidence in enablement determinations?
The USPTO generally discourages the use of post-filing date evidence in enablement determinations. According to MPEP 2164.05(a): “In general, the examiner should not use post-filing date references to demonstrate that a patent is not enabled.” However, there are exceptions: A later-dated reference may provide evidence of what one skilled in the art would have known…
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