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 More

What is the purpose of MPEP 2124?

What is the purpose of MPEP 2124? MPEP 2124 outlines an important exception to the general rule that a reference must qualify as prior art to be used in rejecting claims. The purpose of this section is to explain when and how a reference that is not prior art can still be used to show…

Read More