Can my own patent be prior art?

Under both Sections, when you file a new patent application, your company’s previously filed applications can potentially be applied as prior art against the new application.

What did the AIA change?

The America Invents Act (AIA) became law on September 16, 2011, making sweeping changes to the U.S. patent system. Under the new system, the effective filing date of a patent application—instead of the date of invention—determines who wins the race to patent an invention.

What qualifies as prior art?

Prior art is any evidence that your invention is already known. It is enough that someone, somewhere, sometime previously has described or shown or made something that contains a use of technology that is very similar to your invention. A prehistoric cave painting can be prior art.

What can invalidate a patent?

Five Approaches to Invalidate A Patent

Prior Art. While there are several ways to invalidate a patent, the most frequent method is to attempt to locate prior art for the claimed invention.
Proof of Sale or Public Use.
Improper Formation.
Inventor’s Oath.
Break in Priority Chain.

Is an unpublished patent application prior art?

Since utility patent applications are generally published 18 months from the priority date, it is possible that someone else’s unpublished patent application filed before before your filing date will count as prior art against you. The expiration of a patent does not disqualify it from being prior art.

What are the key changes enacted by Congress through the Leahy Smith America Invents Act AIA of 2011?

The law switched the U.S. rights to a patent from the previous “first-to-invent” system to a “first inventor-to-file” system for patent applications filed on or after March 16, 2013. The law also notably expanded prior art to include foreign offers for sale and public uses.

Does prior art invalidate a patent?

In a nutshell, prior art can be used to invalidate the claims in an issued patent by showing that the claimed invention is not “new” or “non-obvious.”

Do abandoned patents count as prior art?

“An abandoned patent application may become evidence of prior art only when it has been appropriately disclosed, as, for example, when the abandoned patent [application] is reference[d] in the disclosure of another patent, in a publication, or by voluntary disclosure under [former Defensive Publication rule] 37 CFR …

Can prior art invalidate a patent?

When is a disclosure considered prior art under AIA?

AIA 35 U.S.C. 102 (b) (1) (A) first provides that a disclosure which would otherwise qualify as prior art under AIA 35 U.S.C. 102 (a) (1) may be disqualified as prior art if the disclosure is made: (1) one year or less before the effective filing date of the claimed invention; and (2) by the inventor or a joint inventor.

What is the exception to Section 102(b)(1)(b) of AIA?

See 35 U.S.C. 102 (b) (1) (B). The exception in AIA 35 U.S.C. 102 (b) (1) (B) focuses on the “subject matter” that had been publicly disclosed by the inventor or a joint inventor (or another who obtained the subject matter directly or indirectly from the inventor or joint inventor).

What is the grace period for prior art under AIA?

Prior art under AIA § 102(a)(1), e.g., a publication, public use, or offer for sale, is subject to a “grace period” exception under § 102(b)(1) where disclosures made by an inventor or co-inventor (directly or indirectly) less than one year before the effective filing date can be removed as prior art.

When is prior art prior to the effective filing date?

A disclosure made more than one year before the effective filing date of the claimed invention is prior art under 35 U.S.C. 102 (a) (1) and does not meet the requirements for exception under 35 U.S.C. 102 (b) (1).