What is the “reasonable basis” standard for prior art operability in patent examinations?
The “reasonable basis” standard for prior art operability in patent examinations refers to the level of evidence required to establish a prima facie case of anticipation or obviousness. According to MPEP 2121:
“When the reference relied on expressly anticipates or makes obvious all of the elements of the claimed invention, the reference is presumed to be operable. Once such a reference is found, the burden is on applicant to rebut the presumption of operability.”
This means that an examiner only needs a reasonable basis to believe that the prior art is operable. The applicant then bears the burden of proving inoperability if they wish to challenge the reference.
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