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Invalidating patent prior art

invalidating patent prior art-25

According to Title 35, Section 102 of the US law: A person shall be entitled to a patent unless the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.alone.With an increase in such cases, there is also an increase in the requirement to perform invalidation searches to kill such patents.

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Features such as digital camera, music player, calling facilities, touch screen, messenger when were put together, formed the very basis of a Smartphone.There are no accurate statistics, but some experts estimate that for every recorded invention that eventually reaches the market, ten never will.This means that if you want to find out if your invention is novel, you should indeed search products past and present - but you should also search much further."Secret" prior art is prior art that is not available to the public as of the date of invention for the relevant patent. The problem Teva faced was that Astra Zeneca had made the first batches of its drug in the summer of 1999, prior to Teva's asserted invention date of December 1999.The most well-known category of secret prior art is that of pre-publication patent applications. Given this prior invention by Astra Zeneca, the district court granted summary judgment of anticipation under 102(g)(2). Teva's principal argument on appeal was that because Astra Zeneca had failed to appreciate the stabilizing role the AGCP compound played in its drug product in 1999, it had not conceived of – and therefore not made – the invention as required by 102(g)(2).This can lead many inventors to make a common mistake: just because they cannot find a product containing their invention for sale in any shops, they assume that their invention must be novel. Many inventions never become products, yet there may be evidence of them somewhere.

That evidence - whatever form it may take - will be prior art.

Prior art is any evidence that your invention is already known.

Prior art does not need to exist physically or be commercially available.

It is enough that someone, somewhere, sometime previously has described or shown or made something that contains a use of technology that is very similar to your invention. A piece of technology that is centuries old can be prior art.

A previously described idea that cannot possibly work can be prior art. An existing product is the most obvious form of prior art.

It explains the concept in such a lucid manner that any person skilled in the art can decipher how he can purchase products by looking at a screen via a communication medium.