Re: Prior art
[ The Intellectual Property Law Server ]
[ Follow Ups ] [ Post Followup ] [ Patent Forum ] [ FAQ ]
Posted by M Arthur Auslander on March 13, 2003 at 21:10:13:
In Reply to: Prior art posted by William on February 26, 2003 at 05:08:36:
:
: I am preparing my patent application to submit to the PTO. I am at this point researching prior art. I went to the http://www.uspto.gov website and I noticed that someone is pattenting something similar to what I want to patent. They have not yet been granted the patent though. In my patent application, should I refer to their application as prior art? Or not refer to their application at all? Dear William,
It should at least be included in a disclosure document. It may be referred to in the application. There may be patentably different claims allowable. Are you sure that any patent you get will be of any value? 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
| 