Re: Misleading info on patent application

Subject: Re: Re: Misleading info on patent application

Comments:
: Nope, this is done all the time. An Applicant has one year from the date of first bringing technology to a fully functional level before he needs to file a patent. After one year though, his product ittself become prior art. I had this situation with one Applicant who had a cool invention. Everyhting was rejected in my action. At our interview I pointed out to him that the only way he could introduce new matter into the case was by filing a CIP. In that case, the new matter has a new filing date. His invention was on the market approx year, a bit less than that before he filed hist 1st application. Now he needs to file a new application. He is rightfully worried that his product's sale on the market can be used as prior art. : : I was searching for prior art and I found a patent application. I noticed on one of the diagrams submitted, that they displayed the product that is to be pattented. Also, they displayed a date on the picture of the product, implying that the product was (In full use)reduced to practice on a particular month of a particular year. I am absoulutely sure that they are incorrect on their date. Can their patent be disqualified? In my mind this could mislead the examiner to think that the product was in use two years earlier than it really was.

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