What effect do inoperative features have on a patent’s validity as prior art?
Inoperative features in a patent do not necessarily invalidate its use as prior art. MPEP 716.07 clarifies this point:
‘Where the affidavit or declaration presented asserts inoperability in features of the reference which are not relied upon, the reference is still effective as to other features which are operative.’
This means that even if certain aspects of a patent are shown to be inoperative, the patent can still be used as prior art for its operative features. When challenging a patent’s use as prior art, it’s crucial to focus on the specific features being relied upon in the rejection or citation.
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