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Invalidating a patent with prior art internet dating service uk 20

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Under the statute, a patent is invalid if “(a) the invention was …

before the invention thereof by the applicant for a patent.” Courts have repeatedly found that online content fits within the definition of printed publication.

This substantially broadens the prior use defense, which formerly applied only to business method patents. §273, includes a number of limitations, such as that (1) it must be proved by clear and convincing evidence, (2) the commercial use must be in good faith, have occurred at least a year before the asserted patent was filed or the patented invention was disclosed, and must be in connection with an internal commercial use or an actual arm’s length sale or transfer, and (3) it is a personal defense.

The new prior use defense provision applies to any patent issued after September 16, 2011. In addition, a number of issues are expected to arise about the defense, not least of which includes the meaning of ‘commercial use.’ Setting aside those limitations and issues, companies that want to avail themselves of the prior use defense need to act now to preserve the factual evidence that will be used to establish their prior use.

The defense applies to commercial uses and certain other uses, specifically (1) uses by nonprofit entities, such as universities and hospitals, so long as the public is the intended beneficiary of the use and any continuing use of the claimed invention is for noncommercial use, and (2) use of a drug product subject to a premarketing regulatory review period (such as an investigational new drug (IND)) during that period. Companies should: A company might be tempted to ignore the prior use defense and instead create ‘defensive disclosures’ to ward off competitive patents.

It can be anything known in books, journals, published papers, blogs, oral descriptions, public exhibition and much more.

Public accessibility looks to the ability of persons who would be interested or skilled in the subject matter to locate the reference using only reasonable diligence.

You can search on the USPTO website or a commercial website for a specific patent number and then download a PDF copy of the patent.

Despite limiting ourselves on text based analysis, a single image can solve a purpose.

Image analysis is not an easy task as it requires an analyst to go through multiple images.