What activities can be applied against patent claims under MPEP 715.01(d)?
According to MPEP 715.01(d), activities showing that the claimed invention was used or known prior to the filing date of the application can be applied against patent claims, unless they constitute a statutory bar. Specifically, the MPEP states:
“Unless it is a statutory bar, a rejection under pre-AIA 35 U.S.C. 102 or 103 based on an activity showing that the claimed invention was used or known prior to the filing date of the application may be overcome by an affidavit or declaration under 37 CFR 1.131(a) establishing a date of invention prior to the date of the activity.”
This means that prior use or knowledge of the invention can be used as grounds for rejection, but applicants have ways to overcome such rejections.
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