Is the “how to use” requirement necessary for a prior art document to qualify as anticipatory under AIA 35 U.S.C. 102?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

No, the “how to use” requirement is not necessary for a prior art document to qualify as anticipatory under AIA 35 U.S.C. 102. The MPEP explicitly states: “There is, however, no requirement that a prior art document meet the ‘how to use’ requirement of 35 U.S.C. 112(a) in order to qualify as prior art.” This means that a prior art document can anticipate a claimed invention even if it doesn’t explain how to use the invention, as long as it meets the disclosure and enablement requirements for making the invention.