Teaching Away in the MPEP

Answer in brief

A reference teaches away when it criticizes, discredits or otherwise discourages the solution the applicant claims. Disclosing a preferred alternative is not, by itself, teaching away. A reference that teaches away weighs against obviousness (MPEP 2141.02(VI), 2145(X)(D)).

Where the MPEP addresses it

MPEP 2141.02(VI): prior art must be considered in its entirety, including portions that lead away.
MPEP 2145(X)(D): references that teach away, and what does not count.
MPEP 2144.05: teaching away as a rebuttal to overlapping ranges.

Making the argument

Quote the passage that discourages the claimed approach. A statement that another option is better is usually not enough; the reference must lead away from the claimed path.

Questions & answers

Is a preferred embodiment teaching away?

No. Disclosing a preferred alternative does not teach away from non-preferred options unless the reference criticizes or discourages them.

Sources for this entry

USPTO — MPEP § 2145 USPTO
Official text of this section, Ninth Edition, Revision 01.2024.
USPTO — MPEP § 2141 USPTO
Official text of this section, Ninth Edition, Revision 01.2024.
Wysebridge MPEP Center Wysebridge (publisher of this site)
The full MPEP (9th Ed., Rev. 01.2024) free to read, with Wysebridge's estimated patent bar weight for each chapter.

Practical guidance is original editorial content. Company-published figures are the company's own claims and are labeled as such.

Continue this reading path

MPEP 2145: Rebutting an Obviousness Rejection MPEP 2143.01: Motivation to Combine or Modify Impermissible Hindsight in the MPEP

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Cite or share this entry

MPEP.net. “Teaching Away in the MPEP.” Wysebridge Reference. Content reviewed 9 November 2026.
https://mpep.net/teaching-away/