To sum it up, we all rely on text to find a prior art.It is capable enough to tell a story, instigate feelings, emotions, and in some cases even serves as proof for the developments that took place.Though less common, , a patent can be obvious in light of a single prior art reference if it would have been obvious to modify that reference to arrive at the patented invention." To be sufficiently obvious, the limitation in question has to be "unusually simple and the technology particularly straightforward.'Common sense' - whether to supply a motivation to combine or a missing limitation - cannot be used as a wholesale substitute for reasoned analysis and evidentiary support, especially when dealing with a limitation missing from the prior art references specified." Posted by Patent Hawk at PM | Prior Art The long-running patent battle between Apple and Samsung took a comedic turn when the CAFC (2015-1171) threw out a 0 million judgment against Samsung for infringing Apple touch-screen patents that were obvious (8,046,721 & 8,074,172).Be it to validate the enforceability of your patents or to invalidate one more claims of a patent as your first line of defense when confronted with an infringement allegation – the critical success factor in getting the search right is to understand the technology disclosed in the patent, scientific concepts and terms used in the patent and the claim limitations.With an increase in such cases, there is also an increase in the requirement to perform invalidation searches to kill such patents.We have always considered a patent search or better to say here an invalidation search, as an art rather than a science.(2015-1171), the CAFC once again demonstrated its lawless bias and caprice, reversing an appeals panel to reinstate the erroneous obviousness decision by the district court, finding for Apple against Samsung (no surprise there).
Supposing the above shown figure can act as prior act to invalidate the invention though it is not mentioned in words but can be clearly seen from the figure.
And any patent would increase the company value and potentially provide a monopoly advantage in the marketplace.
Indeed, one advantage of this is that the defensive disclosure only needs to pre-date the accuser’s patent (or earlier disclosure) by a day (under the new first-to-file law which takes effect in March 2013), rather than the one year needed for the prior use defense.
A prior art is a manifestation that the invention was known prior to the filing of the target patent.
It can be anything known in books, journals, published papers, blogs, oral descriptions, public exhibition and much more.