What is required for a reference to be anticipatory prior art?

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.

For a reference to be considered anticipatory prior art, it must meet specific criteria. According to MPEP 2122:

“In order to constitute anticipatory prior art, a reference must identically disclose the claimed compound, but no utility need be disclosed by the reference.”

This means that:

• The reference must identically disclose the claimed compound.
• The reference must teach a process of making the compound.
• The reference does not need to disclose a utility for the compound.

These requirements ensure that the prior art fully describes the invention, even if it doesn’t specify its use.