What is the principle of “Art Recognized Equivalence for the Same Purpose” in patent law?
The principle of “Art Recognized Equivalence for the Same Purpose” is a legal concept in patent law that allows patent examiners to combine or substitute known equivalents in determining obviousness. This principle is outlined in MPEP 2144.06 and is based on two main ideas:
- Combining equivalents known for the same purpose
- Substituting equivalents known for the same purpose
The MPEP states: “It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose…. [T]he idea of combining them flows logically from their having been individually taught in the prior art.” This principle allows examiners to consider combinations of known elements as potentially obvious.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2144.06 - Art Recognized Equivalence For The Same Purpose,
Patent Law,
Patent Procedure