What are admissions in patent law?

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.

In patent law, admissions refer to statements made by an applicant in the specification or during prosecution that identify the work of another as “prior art.” These admissions can be used by the United States Patent and Trademark Office (USPTO) as prior art for both anticipation and obviousness determinations.

As stated in MPEP 2152.03: “A statement by an applicant in the specification or made during prosecution identifying the work of another as ‘prior art’ is an admission which can be relied upon for both anticipation and obviousness determinations, regardless of whether the admitted prior art would otherwise qualify as prior art under AIA 35 U.S.C. 102.“