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Questions and Answers
What is the key focus when determining prior art under post-AIA?
What is the key focus when determining prior art under post-AIA?
- The date of the invention
- The date of filing (correct)
- The acts that took place before the invention was made
- The presence of an anticipation
What happens when a claimed invention in an application undergoing examination is the same as a piece of prior art?
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 invalidated
- The piece of prior art is accepted
- The piece of prior art is an anticipation (correct)
- The piece of prior art is disregarded
What is the result of an anticipation precluding the issuance of a patent?
What is the result of an anticipation precluding the issuance of a patent?
- The patent is granted
- The patent is denied (correct)
- The patent is amended
- The patent is revoked
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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.
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