Bumping Into Your Own Prior Art

There are a number of instances in which an inventor may have his or her own prior art cited against them, either during prosecution of a patent application or during enforcement of an issued patent. The inventor himself likely will not tell the patent attorney about such prior art. Therefore, the diligent attorney will want to raise the issue with the client at the time the application is being drafted or filed.

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America Invents Act Patent Act Smith America Invents Act Uniform Trade Secrets Act Texas Uniform Trade Secrets Act Defend Trade Secrets Act Uruguay Round Agreements Act 35 USC § 102 Patents 35 USC § 120 35 USC § 112 35 USC 101 35 USC § 103 37 CFR § 1 Patents, Trademarks, and Copyrights 35 USC § 101 36 F.2d 292 810 F.2d 1561 458 F.2d 132 694 F.3d 1344 112 F.3d 1561 32 F.3d 556 728 F.3d 1309 66 F.3d 292 804 F.2d 659 94 U.S. 92 855 F.3d 1356 138 S. Ct. 2678 139 S. Ct. 628 914 F.3d 1310 894 F.3d 1339 299 F.3d 1336 276 F.3d 1347 298 F.3d 1290 336 F.3d 1373 828 F.2d 1558 560 F.3d 1317 416 U.S. 470 286 F.3d 1326 319 F.2d 225 709 F.3d 1140 764 F.3d 1366 909 F.3d 1367 909 F.3d 1355 933 F.3d 1367 38 F.3d 551 904 F.3d 1375 609 F.3d 1345 887 F.3d 1309 741 F.3d 1359 405 F.2d 90 880 F.3d 1315 790 F.3d 1349 Written Description Utility Patent Trade Secrets Terms of Sale Terms and Conditions Termination Specification Public Domain Provisional Patent Application Protective Order Property Law Prior Art Person of Ordinary Skill In the Art Pct Application Patentee Patentability Patent Specification Patent Cooperation Treaty Patent Application Office Action Obviousness Novelty Issued Patent Issue Date Inventor Invention Disclosure Intellectual Property Incorporation Incorporate Grace Period Good Faith Filing Date Exclusive Due Diligence Double Patenting Divisional Application Contract Continuation Application Consideration Confidentiality Chain of Title Assignment Abandonment