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Author Topic: Issued Patent ... Prior Art Publication  (Read 1178 times)

vman11

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Issued Patent ... Prior Art Publication
« on: 02-17-09 at 02:15 pm »

I would assume an easy way to invalidate an issued patent is to show that it teaches an invention which is the same as (all the elements taught by a prior art publication which escaped the examiner) or obvious from what's been taught in say a journal published and circulated in the public domain before priority date (or date of invention) of the issued patent? 
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JimIvey

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Re: Issued Patent ... Prior Art Publication
« Reply #1 on: 02-26-09 at 11:06 am »

Yeah, basically that's how you present a good-faith argument that a claim is invalid -- presumably in an attempt to avoid a finding of willfulness of infringement.

But, remember that in litigation, there's a heavy presumption of validity.  It's no "slam dunk" and you have to come with a pretty strong and compelling argument to actually have the claim ruled invalid by a court (which is what I take "invalidate" to mean).

Regards.
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James D. Ivey
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