What is the “reasonable amount of time” standard for prior art references?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Same Disclosure Required for All Prior Art Types MPEP 2121 Required Examiner's Prima Facie Anticipation Case Requires Applicant Rebuttal MPEP 2121 Enabling Disclosure Requirement for Anticipation MPEP 2121 Required No Discrimination Based on Nationality of Prior Art MPEP 2121 Prior Art Must Enable Invention for Anticipation MPEP 2121 Operability Presumption for Anticipatory Prior Art MPEP 2121 Examiner Can Reject Claims Based on Anticipation Without Enabling Inquiry MPEP 2121 Applicant Can Argue Lack of Enablement Without Evidence MPEP 2121 Permitted Specification Must Describe Invention Completely MPEP 2121 Reference Must Be Proven Inoperable to Overcome Anticipation MPEP 2121 Other Related FAQs 5 FAQs Collapse How can an applicant challenge a prior art reference for lack of enablement? What level of detail is required for a prior art reference to...