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MPEP 2129: Difference between revisions
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<noinclude>{{MPEP Section|2128|2100|2131}}</noinclude> | <noinclude>{{MPEP Section|2128|2100|2131}}</noinclude> | ||
==[[MPEP 2129|2129 Admissions as Prior Art]]== | ==[[MPEP 2129|2129 Admissions as Prior Art]]== | ||
<noinclude>__TOC__</noinclude> | <noinclude><div class="noautonum">__TOC__</div></noinclude> | ||
======I. ADMISSIONS BY APPLICANT CONSTITUTE PRIOR ART====== | |||
A statement by an applicant during prosecution | A statement by an applicant during prosecution | ||
| Line 20: | Line 18: | ||
claims unless it falls under one of the statutory categories. | claims unless it falls under one of the statutory categories. | ||
======II. DISCUSSION OF PRIOR ART IN SPECIFICATION====== | |||
Where the specification identifies work done by | Where the specification identifies work done by | ||
| Line 26: | Line 24: | ||
is treated as admitted prior art. | is treated as admitted prior art. | ||
======III. JEPSON CLAIMS====== | |||
Drafting a claim in Jepson format (i.e., the format | Drafting a claim in Jepson format (i.e., the format | ||
| Line 40: | Line 38: | ||
against the claims. | against the claims. | ||
======IV. INFORMATION DISCLOSURE STATEMENT (IDS)====== | |||
Mere listing of a reference in an information disclosure | Mere listing of a reference in an information disclosure | ||
Latest revision as of 22:56, May 31, 2020
| ← MPEP 2128 | ↑ MPEP 2100 | MPEP 2131 → |
2129 Admissions as Prior Art[edit | edit source]
I. ADMISSIONS BY APPLICANT CONSTITUTE PRIOR ART[edit | edit source]
A statement by an applicant during prosecution identifying the work of another as "prior art" is an admission that that work is available as prior art against the claims, regardless of whether the admitted prior art would otherwise qualify as prior art under the statutory categories of 35 U.S.C. 102.
However, even if labeled as "prior art," the work of the same inventive entity may not be considered prior art against the claims unless it falls under one of the statutory categories.
II. DISCUSSION OF PRIOR ART IN SPECIFICATION[edit | edit source]
Where the specification identifies work done by another as “prior art,” the subject matter so identified is treated as admitted prior art.
III. JEPSON CLAIMS[edit | edit source]
Drafting a claim in Jepson format (i.e., the format described in 37 CFR 1.75(e); see MPEP § 608.01(m)) is taken as an implied admission that the subject mater of the preamble is the prior art work of another.
However, this implication may be overcome where applicant gives another credible reason for drafting the claim in Jepson format.
Moreover, where the preamble of a Jepson claim describes applicant’s own work, such may not be used against the claims.
IV. INFORMATION DISCLOSURE STATEMENT (IDS)[edit | edit source]
Mere listing of a reference in an information disclosure statement is not taken as an admission that the reference is prior art against the claims.
| ← MPEP 2128 | ↑ MPEP 2100 | MPEP 2131 → |
