Can a 35 U.S.C. 102 rejection be made if the reference doesn’t teach how to practice the invention?
Yes, a 35 U.S.C. 102 rejection can be made even if the primary reference doesn’t explicitly teach how to practice the invention. The MPEP Section 2121.01 explains: “It is possible to make a 35 U.S.C. 102 rejection even if the reference does not itself teach one of ordinary skill how to practice the invention, i.e.,…
Read MoreWhat is the significance of copying in patent law?
Copying can be a form of secondary evidence in patent law, particularly relevant to nonobviousness considerations. According to MPEP 716.06, “competitors in the marketplace are copying the invention instead of using the prior art” can be evidence presented during prosecution or litigation. The Federal Circuit has established that “copying by a competitor may be a…
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