2100 - Patentability Flashcards
Learn 2100 facts
If there is a final rejection and objection to new matter, what procedural remedy is available to the applicant?
Appeal only. Not petitionable.
Prior Art is presumed to be operable/enabling when…
when the reference relied on expressly anticipates or makes obvious all of the elements of the claimed invention.
When may a non-enabling reference qualify as prior art?
For the purpose of determining obviousness under 103.
Can routine business practice be used to determine date of publication?
Yes
Form of a proper Markush group
“consisting of” and “and”
Chapter 2100 of the MPEP
Provides guidance on patentability requirements in the US.
Invention patentability is governed by which Title?
Title 35 of the United States Code (U.S.C.)
Three main patentability requirements
Utility, Novelty, Non-obviousness
Utility Requirement
Invention must have a useful purpose.
Novelty Requirement
Invention must be new and not previously known or used.
Non-obviousness Requirement
Must not be obvious to someone skilled in the art.
Examples of patentable inventions include
Medical devices, engines, software, new materials.
A non-patentable invention example
A chair that is merely more comfortable than existing chairs.
Disclosure requirement
Describes the invention in detail for someone skilled in the art.
Claim requirement
Includes claims that define the invention’s scope.
