Disparaging the prior art in the patent application may narrow patent claims When a patent application disparages a prior art technique, feature, aspect or apparatus, the court may assume that there is a disclaimer of the disparaged subject matter and may then narrow the scope of the claims to exclude the disparaged subject matter if and when the patent application matures … [Read more...]
Prior art is any reference which predates or may be contemporaneous with the filing date of a patent application which a patent examiner would deem relevant to the examination of a patent application.
On March 16, 2013, the United States transitioned from a first to invent system to a first to file system under the America Invents Act (“Patent Act”). Inventors and businesses should consider the following aspects of the law when implementing a patent protection strategy. General rule and the exceptionsUnder the Patent Act, any disclosure dated prior to the filing date … [Read more...]