This two-part article discusses the various legal and evidentiary requirements for antedating and removing prior art that patent owners should consider when their pre-AIA patents are challenged based on a prior art publication or activity that is not otherwise subject to a statutory bar. Part Two discusses the legal requirements for removing prior art that discloses an inventor’s own work and the evidentiary requirements for swearing behind prior art.
This two-part article discusses the various legal and evidentiary requirements for antedating and removing prior art that patent owners should consider when their pre-AIA patents are challenged based on a prior art publication or activity that is not otherwise subject to a statutory bar. Part Two discusses the legal requirements for removing prior art that discloses an inventor’s own work and the evidentiary requirements for swearing behind prior art.
