Can an applicant’s own activities be used against their patent claims?

Yes, an applicant’s own activities can be used against their patent claims. MPEP 715.01(d) clearly states:

‘The rejection may be based on activities by the inventor(s) or a different inventive entity.’

This means that even the applicant’s own public disclosures, sales, or other activities that occurred before the effective filing date of the claimed invention could potentially be used as prior art. However, the applicant may have the opportunity to overcome such rejections by filing an affidavit or declaration under 37 CFR 1.130 to establish an exception to prior art.

To learn more:

• applicant activities
• prior art
• patent claims
• 37 CFR 1.130

To learn more:

• 37 CFR 1.130