What does “patents are relevant as prior art for all they contain” mean?
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.
This principle means that patents can be used as prior art references beyond just the specific inventions they describe. As stated in MPEP 2123:
“The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain.”
This quote emphasizes that patent documents can be used to show the state of the art in a particular field, even if the specific details aren’t directly related to the patentee’s main invention.