What are the two basic requirements for a prior art document to anticipate a claimed invention under AIA 35 U.S.C. 102?
According to the MPEP, there are two basic requirements for a prior art document to anticipate a claimed invention under AIA 35 U.S.C. 102:
- Disclosure of elements: “Each and every element of the claimed invention” must be disclosed either explicitly or inherently, and the elements must be “arranged or combined in the same way as in the claim.”
- Enablement: “A person of ordinary skill in the art must have been enabled to make the invention without undue experimentation.”
These requirements ensure that the prior art document not only describes the invention but also provides sufficient information for a skilled artisan to recreate it.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2152.02(B) - Described In A Printed Publication,
Patent Law,
Patent Procedure