Is there a difference in enablement requirements for U.S. and foreign prior art?
No, there is no difference in enablement requirements between U.S. and foreign prior art. The MPEP 2121 explicitly states:
“There is no basis in the statute (35 U.S.C. 102 or 103) for discriminating either in favor of or against prior art references on the basis of nationality.”
This principle ensures that all prior art is treated equally, regardless of its origin. Whether the prior art is a U.S. patent, a foreign patent, or a printed publication from any country, the standard for enablement remains the same. This approach promotes fairness and consistency in the patent examination process and aligns with the global nature of technological advancement and intellectual property rights.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2121 - Prior Art; General Level Of Operability Required To Make A Prima Facie Case,
Patent Law,
Patent Procedure