How does the MPEP address the prima facie case of obviousness for ranges?
How does the MPEP address the prima facie case of obviousness for ranges?
The MPEP addresses the prima facie case of obviousness for ranges in MPEP 2144.05. According to this section:
“In the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.”
This means that if a claimed range overlaps with or falls within a range disclosed in prior art, it is considered prima facie obvious. The burden then shifts to the applicant to demonstrate the criticality of the claimed range.
The MPEP further elaborates:
- Overlapping, approaching, or similar ranges are considered prima facie obvious
- Differences in concentration or temperature generally do not support patentability without showing criticality
- Optimization of ranges through routine experimentation is not patentable
To learn more:
Topics:
Amounts,
And Proportions,
MPEP 2100 - Patentability,
MPEP 2144.05 - Obviousness Of Similar And Overlapping Ranges,
Patent Law,
Patent Procedure