How should examiners handle perpetual motion applications?
According to MPEP 707.07(g), patent applications directed to perpetual motion require special handling. The MPEP states:
“Where disclosure is directed to perpetual motion… the best prior art readily available should be cited and its pertinence pointed out without specifically applying it to the claims.”
This means that for perpetual motion applications, examiners should:
- Cite the best available prior art
- Explain the relevance of the cited art
- Avoid directly applying the art to the claims
This approach allows examiners to address the scientific impossibility of perpetual motion while still providing relevant information to the applicant.
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