What is the purpose of MPEP 2124?

What is the purpose of MPEP 2124?

MPEP 2124 outlines an important exception to the general rule that a reference must qualify as prior art to be used in rejecting claims. The purpose of this section is to explain when and how a reference that is not prior art can still be used to show the state of the art at the time of the invention.

According to MPEP 2124: “In certain circumstances, references cited to show a universal fact need not be available as prior art before applicant’s filing date.” This exception allows examiners to use non-prior art references to demonstrate the level of ordinary skill in the art or to show the well-known nature of certain features.

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Topics: MPEP 2100 - Patentability, MPEP 2124 - Exception To The Rule That The Reference Must Be Prior Art, Patent Law, Patent Procedure
Tags: MPEP 2124, prior art exception, State Of The Art, Universal Facts