What are examples of universal facts that can be shown by non-prior art references?
Non-prior art references can be used to show universal facts in patent examination. The MPEP 2124 provides several examples of such universal facts: Characteristics and properties of a material Scientific truisms Whether undue experimentation would have been required at the filing date Whether a parameter was critical or not The accuracy of statements 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…
Read MoreWhat is the exception to the rule that a reference must be prior art?
The exception to the rule that a reference must be prior art allows for the use of later publications to show factual evidence in certain circumstances. As stated in MPEP 2124: “In certain circumstances, references cited to show a universal fact need not be available as prior art before applicant’s filing date.” These facts can…
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