How can a non-prior art reference be used under MPEP 2124?
How can a non-prior art reference be used under MPEP 2124?
Under MPEP 2124, a non-prior art reference can be used in specific ways during patent examination:
- To show the level of ordinary skill in the art at the time of the invention
- To demonstrate that certain features were well-known in the art
- To provide evidence of the state of the art
The section states: “References which do not qualify as prior art because they postdate the claimed invention may be relied upon to show the level of ordinary skill in the art at or around the time the invention was made.” However, it’s important to note that such references cannot be used to show anticipation or obviousness of the claimed invention.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2124 - Exception To The Rule That The Reference Must Be Prior Art,
Patent Law,
Patent Procedure