3 Questions
What is the key focus when determining prior art under post-AIA?
The date of filing
What happens when a claimed invention in an application undergoing examination is the same as a piece of prior art?
The piece of prior art is an anticipation
What is the result of an anticipation precluding the issuance of a patent?
The patent is denied
Study Notes
- Under pre-AIA, some acts that took place before the invention was made could be used to determine whether the invention was prior art.
- Post-AIA, a similar, less complex analysis is made, but the key focus is on the filing date only!
- If something is prior art and it also is the same as a claimed invention in the application undergoing examination (that is, it has all the elements and limitations of a given claim being examined) then that piece of prior art is an "anticipation."
- The existence of an anticipation precludes issuance of a patent.
Test your knowledge of the differences between pre-AIA and post-AIA patent laws regarding prior art, filing dates, and anticipation. Understand how acts before and after invention affect the determination of prior art and the issuance of a patent.
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