Re: Misleading info on patent application
[ The Intellectual Property Law Server ] [ Follow Ups ] [ Post Followup ] [ Patent Forum ] [ FAQ ]
Posted by M Arthur Auslander on March 13, 2003 at 21:02:04:
In Reply to: Misleading info on patent application posted by Jefferey on February 26, 2003 at 05:14:15:
: : 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. Dear Sir, It is the disclossure that counts as far a showing prior invention. If there are questions they can be dealt with. If your invention is disclosed more than one year before you file, you ought to be in difficulty. M. Arthur Auslander Auslander & Thomas-Intellectual Property Law Since 1909 3008 Johnson Avenue New York, 10463 aus@auslander.com ELAINE's Workshop® E arly L egal A dvice I s N ot E xpensive(sm)
Follow Ups:
Post a Followup
|