Invalidating a patent claim

Posted by / 21-Oct-2019 20:58

Prior art includes anything and everything that is available in public domain prior to the filing date of your patent application.Some examples of prior art include: patents granted by the US patent office or by any other country, patent applications published but not yet granted, university dissertations, research papers, books, web pages, white papers, brochures, newspapers, etc.Stack Exchange network consists of 175 Q&A communities including Stack Overflow, the largest, most trusted online community for developers to learn, share their knowledge, and build their careers. 29, 2006 in the US, claimed the benefit of a DE application, filed Feb. So for novelty, anything published before the effective filing date is prior art and patent applications filed before or based on a priority document filed before the effective filing date (of the patent application assessed for novelty) if published later. But this only applies for AIA patent applications (after March 16th 2013). Note that there is no "in this country" or "in english" post AIA! 30, 2007, designated US, in German); Patent B, filed Jul. (d)Patents and Published Applications Effective as Prior Art.—For purposes of determining whether a patent or application for patent is prior art to a claimed invention under subsection (a)(2), such patent or application shall be considered to have been effectively filed, with respect to any subject matter described in the patent or application— (1) if paragraph (2) does not apply, as of the actual filing date of the patent or the application for patent; or (2) if the patent or application for patent is entitled to claim a right of priority under section 119, 365(a), 365(b), 386(a), or 386(b), or to claim the benefit of an earlier filing date under section 120, 121, 365(c), or 386(c), based upon 1 or more prior filed applications for patent, as of the filing date of the earliest such application that describes the subject matter.

Under the basic structure of the regulations, if the patent application is not published or accessible to the public, then a protest or a preissuance submission may be filed with the examiner.

The problem is that once you submit evidence before the Patent Office, you cannot submit another set of arguments to convince the examiner if the examiner was not convinced by your original set of arguments.

You cannot have a two way dialogue with the examiner. If the application matures into a patent, then it is presumed valid over your evidence.

Even a cartoon that has been published prior to the filing date of your patent application can be cited by the patent office to deny you patent rights if the cartoon discloses the methods of your patent.

There is a very interesting case about a Danish inventor, , who had invented a novel method of raising sunken ships by filling them with buoyant bodies fed through a tube from another ship.

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