What types of activities can be used against claims in patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 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. According to MPEP 715.01(d) , various types of activities can be used against claims in patent applications. These include: Public use Sales Publications Patents Abandoned applications Statutory invention registrations (SIRs) The MPEP states: ‘The rejection may be based on activities by the inventor(s) or a different inventive entity.’ This means that both the applicant’s own activities and those of others can potentially be used as prior art against the claims. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patent Application Publications as Prior Art MPEP 715 Permitted Date of Foreign Patent Availability as Prior Art MPEP 715 Prior Art Under Pre-AIA 35 U.S.C. 102 MPEP 715.01(d) Requirement for Pre-AIA Claims in Applications and Patents MPEP 715 Requirement for Antedating Pre-AIA Prior Art MPEP 715 Permitted Admission of Prior Art Prohibits Affidavit MPEP 715 Prohibited Admissions of Prior Art Cannot Be Overcome by Affidavit MPEP 715 Prohibited Affidavit Not Allowed for Prior Art Under Pre-AIA 102(f) MPEP 715 Prohibited Lost Count Not Prior Art Under Pre-AIA 102(g) MPEP 715 Prohibited Date to Overcome Prior Art Is Effective Date MPEP 715 Other Related FAQs 5 FAQs Collapse What types of activities can be used against claims in a patent application? What activities can be applied against patent claims under MPEP 715.01(d)? How does the AIA affect the grace period for prior art in patent applications? How does MPEP 715.01(d) relate to the one-year grace period in patent applications? What is the significance of the phrase &#8216;applied against the claims&#8217; in MPEP 715.01(d)?