Can one assume the operability of prior art?

In patent law, prior art is considered to contribute to the determination of whether an invention is novel and non-obvious. When analyzing a prior art reference, it is important to recognize that if the reference discloses all claimed elements of the invention in question, it implies that the invention as described in the reference is operable. This deduction is based on the idea that a patentable invention must be something that a person skilled in the art can practice or put into use. Therefore, if a reference is found to anticipate all elements of a claimed invention, one can assume that the prior art reference is operable and that it can be utilized by someone skilled in the field.

In this context, operational characteristics of the prior art reference become significant when considering its relevance in assessments of patentability. If a reference discloses the complete invention, the implication is that the reference is functional and accessible for practical use, aiding in evaluation during patent examination processes. Understanding this context is crucial as it aligns with the principles of patent law which assess the capabilities of previous disclosures in relation to the claimed invention.