Isaac
Senior Member
Posts: 3472
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Re: Does Prior Art Have to Be Documented?
« Reply #1 on: Feb 5th, 2007, 3:36pm » |
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on Feb 5th, 2007, 3:28pm, kfg wrote:| Does a reference have to be reduced to some documented form to constitute prior art? For example, if X claims to have invented Invention A but the only proof of this is his testimony and the testimony of others, is that sufficient? |
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Not all prior art consists of references. References are simply the form of prior art that the patent office is likely to find in a document search. To the extent that prior art is described in 102 as being something other than a reference or document, other appropriate evidence including testimony can be offered. Of course testimony is subject to being found credible or not credible by the trier of fact.
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