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When your own patent application counts as prior art


Does a document filed abroad not count as prior art?

These would be "prior" art if their own priority date (for US) or international filing date (for the PCT pub) predated yours - that is, your app is truly not ...

35 U.S. Code § 102 - Conditions for patentability; novelty

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 ...

Best of Both Worlds: Can You Have a Trade Secret and Patent it ...

Excluding “certain secret uses” from prior art under §102, would allow a patentee to hold a monopoly of a process or machine for 21 years or ...

TTP Manual 08 V3 - AUTM

It is one thing to be scooped by a competitor, but quite another to destroy one's own opportunity for patenting. It can be disheartening when the worst prior ...

Prior Art - YouTube

Prior Art – in this video I explain what prior art or state of the art means for patents Subscribe ...

Chapter 4 - OECD iLibrary

Patent counts by priority office (country where the first application is filed, before protection is extended to other countries) indicate the attractiveness of ...

I Can't Find Prior Art for My Invention - IPWatchdog.com

Prior art is probably best understood as information that can be used by the patent examiner to reject claims in a patent application. This ...

Our Own Patent Law Oddities - Lexology

The longest patent application is U.S. Patent Application No. ... 8,612,159 cites 3,594 items of prior art on 32 pages. ... These cookies allow us ...

Is Your Idea An Invention? - Guide for Inventors

Patents only cover what is patentable, but what is not patentable (or not patented) can still be prior art. Step 1: ...

The future of disclosure requirements in patenting

The prior art encompassed by these rules includes both patent literature and non-patent literature, i.e., anything that is prior art. Neither patent office ...

Comparison of United States AIA First-Inventor-to-File with Chinese ...

Pre-AlA, a patent application could only be u ed a prior art as of its U.S. filing date even if filed earlier abroad. There wa an inherent ...

Patent, Trademark, and Trade Secret - Corporate Counsel - FindLaw

This rule is known as the "statutory bar." If you think your technology might be patentable, you should contact a patent attorney before you display or ...

Patent Applications - LawShelf

Because patents can only be obtained for new and non-obvious inventions, patent prosecution should begin with a prior art search. Although there are no specific ...

Is It Inevitable? 'Inherency' in Australian Patent Law - patentology

Finding lack of novelty is straightforward when a prior art reference clearly and unambiguously discloses exactly the same thing that an ...

What is Intellectual Property? - WIPO

Generally speaking, a patent provides the patent owner with the right to decide how - or whether - the invention can be used by others. In exchange for this ...

USPTO Says Prior Art Date of AIA Patents is Not Limited By Dynamic ...

Under the decision, an AIA patent document can be cited as prior art as of the filing date of its priority application without having to show ...

What is Copyright?

Works are original when they are independently created by a human author and have a minimal degree of creativity. Independent creation simply means that you ...

GSK Unit Gets Pfizer's Inhaler Patent Revoked At EPO - Law360

Pfizer claimed that the earlier patent application did not preempt its own patent "without, however, providing any arguments supporting this ...

2024 Author Guidelines - CVPR 2025

If you need to cite any of your own papers that ... patents should discuss filing dates with their IP council. ... prior art. It is a violation of policy ...

What is prior art? - OC Patent Lawyer

The prior art is all information dated prior to the filing date of the patent application. That's the simplistic definition. Prior art could ...