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Prior art which is not anticipatory may be used in combination with other art or knowledge at the time to show obviousness.
This type of art may have some impact during prosecution of a patent, but if a patent has already been issued, obviousness is a real uphill battle to fight in the courts.
Few patents have been invalidated because of obviousness in trials.’ Another attorney notes: ‘You can actually send it anonymously if you want.
Just keep the certified receipt to prove they got it.
This information can be found on the cover page of a patent. In order to be anticipatory (the best kind) prior art for a particular claim, the piece of art must contain or described element of the claim you are seeking to invalidate.
Note that dependent claims add additional elements that the prior art needs to contain if you want to invalidate the dependent claims as well.
Patents: here’s an interesting technique I heard recently.
An unnamed patent agent comments: ‘I believe an examiner is not under obligation to review art sent directly to them, but certainly the applicant and his agents are required to report any art they come across.
As far as (discovering) who the (filer’s patent lawyers) are … you can search the USPTO website for them.’ And a report that this technique is now in use: ‘some patent attorneys are reporting that this approach is a valid one that people have started using.’ Update 2: More assent from another unnamed patent lawyer: ‘Anyone who wishes to do so can send a letter to the Patent Office letting them know of any prior art of which they are aware.
The Patent Office will then place it in the application file.
That means the inventor as well as the law firm representing them.
You should include a cover letter that you saw their application (give details), and that you believe that what you are sending them is prior art, and that now that they have it, they are obligated to report it to the PTO. Probably, anything sent should be sent with some sort of delivery confirmation, and to make sure that the sending of the prior art is of public record, create a Web site where all sent art is listed, along with destination and confirmation information.