What are the key requirements for patentability according to MPEP 706?

MPEP 706 outlines several key requirements for patentability that must be met before a claim can be allowed. These requirements include:

  • Patent eligibility
  • Usefulness
  • Novelty
  • Non-obviousness
  • Enablement
  • Clear description

The MPEP states:

“In every art, whether it be considered ‘complex,’ ‘newly developed,’ ‘crowded,’ or ‘competitive,’ all of the requirements for patentability (e.g., patent eligible, useful, novel, nonobvious, enabled, and clearly described as provided in 35 U.S.C. 101, 102, 103 and 112) must be met before a claim is allowed.”

These requirements ensure that patents are granted only for inventions that truly advance the state of the art and are fully disclosed to the public.

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Tags: non-obviousness, novelty