Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

antedating of a prior-art reference

Read a random definition: Lammas

A quick definition of antedating of a prior-art reference:

Antedating of a prior-art reference: This is a term used in patents. It means that if someone has already published or patented something similar to what you want to patent, you can still get a patent if you can prove that you came up with the idea before they did. This only applies to patent applications in the United States. If you already have a patent, you can still antedate a prior-art reference if you can prove that you thought of the idea before the prior art and worked hard to make it a reality. This is also called antedating a reference, swearing behind a prior-art reference, or carrying back the date of invention.

A more thorough explanation:

Definition: Antedating of a prior-art reference is the process of removing a publication, a U.S. patent, or a foreign patent cited as prior art against a patent application by filing an affidavit or declaration that proves the applicant completed the invention before the effective date of the cited reference. This term applies only to U.S. patent applications. An issued patent may also antedate a prior-art reference if the conception predates the prior art and the inventor used due diligence in reducing the concept to practice. It is also known as antedating a reference, swearing behind a prior-art reference, or carrying back the date of invention.

Example: If a patent application cites a prior-art reference that describes an invention similar to the one being claimed, the applicant can antedate the reference by providing evidence that they completed the invention before the effective date of the reference. For instance, if the prior-art reference was published on January 1, 2010, and the applicant can prove that they completed the invention on December 31, 2009, they can antedate the reference and claim the invention as their own.

Explanation: This example illustrates how antedating of a prior-art reference works. By providing evidence that they completed the invention before the effective date of the prior-art reference, the applicant can prove that the reference is not relevant to their invention and claim it as their own.

antedate | ante meridiem

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
THATS SO FUNNY
i cant i would go crazy
JumpySubsequentDolphin
20:50
i need to know who decided to do that.
JumpySubsequentDolphin
20:50
omg im on a plane weeeee
the devil
youre on a plane??? LSD made the mile high club??
20:50
yo splitterus are you in school already
20:50
it says ur c/o 2027
JumpySubsequentDolphin
20:51
@SplitterusClitterus: HAHAH yes
ur user is hilarioussss and no i just graduated this may and am now applying ---also im out of messages so ill take a lil
20:52
roger dat. see u in heck
im back, r u applying this cycle too
JumpySubsequentDolphin
21:32
this child fell asleep on me
JumpySubsequentDolphin
21:32
im so uncomfortable
just push him off the entire seat
JumpySubsequentDolphin
21:34
LMAOOOO
JumpySubsequentDolphin
21:35
no he’s literally like 8 and he fully just put his head on my bicep and slept
JumpySubsequentDolphin
21:35
he has since moved
22:12
@SplitterusClitterus: me yesterday
gulc baby pls text me back... i miss you ...... :(
22:23
i just went into a discord vc and yelled "YALL I JUST GOT INTO J.M. SCHOOL OF LAW"
22:24
people were getting excited :sob:
22:25
then someone was like "what does jm stand for" and i was like .. well
AHHAHAHAHAHAHHAHAHAHAHAHAH
@JumpySubsequentDolphin: wait this is so cute, also where r u going
JOE MBIDEN
JumpySubsequentDolphin
22:39
@splitty Oregon!
oh yay for what thats so random
JumpySubsequentDolphin
22:45
haha my brother and sister in law live there
so cutie oregon is beatiful
LSD+ is ad-free, with DMs, discounts, case briefs & more.