Prior Art

Prior art (state of the art or background art), in most systems of patent law, constitutes all information that has been made available to the public in any form before a given date that might be relevant to a patent's claims of originality. If an invention has been described in the prior art, a patent on that invention is not valid.Information kept secret, for instance, as a trade secret, is not usually prior art, provided that employees and others with access to the information are under a non-disclosure obligation. With such an obligation, the information is typically not regarded as prior art.
Posts about Prior Art
  • Do New Federal Rules Mean Death for Local Patent Rules?

    … instrumentality and a copy of each known piece of prior art within fourteen days after the defendant answers or otherwise responds to the complaint or the plaintiff answers or otherwise responds to a counterclaim. So where, after December 1, 2015, does the new rule of proportionality in discovery leave local patent rules that front–load expensive discovery…

    David Swetnam Burland/ Brann & Isaacson- 12 readers -
  • PTAB Takes Out MPHJ Scanning Patent

    … underlying MPHJ’s demands is invalid. In an inter partes review proceeding filed by Ricoh, Xerox, and Lexmark, the PTAB just issued a final written decision concluding that asserted claims of U.S. Patent No. 7,477,410 B2 are invalid as anticipated by and obvious in light of prior art. While an appeal may follow, for now, MPHJ’s claimed monopoly on scan–to–email technology seems to be slipping further from its grasp. The post PTAB Takes Out MPHJ Scanning Patent appeared first on Brann & Isaacson. …

    David Swetnam Burland/ Brann & Isaacson- 16 readers -
  • Google Adds Prior Art To Patent Page

    … The Google Patents page has been for some time now a one–stop shop for copies of published U.S. patents and patent applications. This week, the search engine giant added a new wrinkle—prior art. In an announcement published on July 16, 2015, Google Deputy General Counsel for Patents, Allen Lo, and Software Engineer for Google Patents, Ian…

    David Swetnam Burland/ Brann & Isaacson- 9 readers -
  • Peter Brann Interviewed by Ars Technica on East Texas Patent Practice

    … Ars Technica’s Joe Mullin published an article on June 11, 2015, on patent litigation practice in the Eastern District of Texas: “East Texas judge’s invention: A method for hampering patent defendants.” In the article, Mullin quotes B&I partner Peter J. Brann on the effect a new docket control order published by Judge Rodney Gilstrap may…

    Brann & Isaacson- 12 readers -
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