Invalidating a us patent
This would help show inequitable conduct should the patent later be asserted and the art you provided not be shown as of record in the examination.Mind you – I have not heard of these being done before (bombarding listed inventors and their agents with prior art, forcing them to have to disclose it), but I think it’s a great idea.This information can be found on the cover page of a patent. In order to be anticipatory (the best kind) prior art for a particular claim, the piece of art must contain or described element of the claim you are seeking to invalidate.Note that dependent claims add additional elements that the prior art needs to contain if you want to invalidate the dependent claims as well.Anyone who cares about this patent will surely order up a copy of the application file from the Patent Office, and will come into possession of whatever you sent. Go to and plug in the serial number (for the desired patent).Zuber Lawler & Del Duca recruits only the highest caliber attorneys so that we can provide our clients throughout the world with better results on high-stakes matters.That means the inventor as well as the law firm representing them.You should include a cover letter that you saw their application (give details), and that you believe that what you are sending them is prior art, and that now that they have it, they are obligated to report it to the PTO. Probably, anything sent should be sent with some sort of delivery confirmation, and to make sure that the sending of the prior art is of public record, create a Web site where all sent art is listed, along with destination and confirmation information.
1904; subsection (b)(6) added and (e)(2) amended Sept.
1902; subsection(a) amended and subsections (c) and (d) added Aug. 15, 2012 apply to interference proceedings that are declared after September 15, 2012 under 35 U.
3014.) *NOTE: The provisions of this section as in effect on Sept.
Few patents have been invalidated because of obviousness in trials.’ Another attorney notes: ‘You can actually send it anonymously if you want.
Just keep the certified receipt to prove they got it.