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 MoreWhat are “universal facts” in the context of MPEP 2124?
What are “universal facts” in the context of MPEP 2124? In the context of MPEP 2124, “universal facts” refer to information that is generally known or widely accepted in the field of the invention. These facts are considered to be so fundamental that they don’t require prior art status to be used in patent examination.…
Read MoreWhat 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 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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