What is the “reasonable amount of time” standard for prior art references?
What is the “reasonable amount of time” standard for prior art references?
The “reasonable amount of time” standard for prior art references refers to the time allowed for a person of ordinary skill in the art to make a disclosed invention operative. According to MPEP 2121:
“Even if a reference discloses an inoperative device, it is prior art for all that it teaches.” The MPEP further clarifies that “[A] non-enabling reference may qualify as prior art for the purpose of determining obviousness under 35 U.S.C. 103.”
This means that a prior art reference doesn’t need to be immediately operational to be considered valid. Instead, it should provide enough information for a skilled person to make it work within a reasonable timeframe, without requiring undue experimentation.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2121 - Prior Art; General Level Of Operability Required To Make A Prima Facie Case,
Patent Law,
Patent Procedure