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