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Legal Definitions - anticipated

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Definition of anticipated

In patent law, an invention is considered anticipated if every single feature or element described in its patent claim can be found in a *single* piece of existing public knowledge or technology, known as "prior art." This means the invention, as claimed, is not truly new because it was already known or described before the patent application was filed. If a patent claim is anticipated, it cannot be granted a patent. If a patent has already been issued for an anticipated invention, it can be declared invalid.

Here are some examples to illustrate this concept:

  • Example 1: The "Smart Plant Pot"

    Imagine an inventor applies for a patent on a "Smart Plant Pot" with the following claimed features: (1) a ceramic pot, (2) an integrated water reservoir, (3) a moisture sensor, and (4) an indicator light that changes color based on soil moisture levels. During the patent examination, a patent examiner discovers an old gardening magazine article from a decade ago that describes a "Self-Watering Pot" which includes a ceramic pot, an integrated water reservoir, a moisture sensor, and an indicator light that changes color to show soil moisture. Because every single feature claimed in the new "Smart Plant Pot" is explicitly present in that *one single* magazine article, the claim for the "Smart Plant Pot" is anticipated. It is not considered a new invention in the eyes of patent law.

  • Example 2: The "Automated Coffee Brewing Method"

    A company seeks a patent for a new "Automated Coffee Brewing Method" that involves: (1) grinding coffee beans, (2) heating water to a specific temperature, (3) pouring the hot water over the grounds, and (4) filtering the brewed coffee into a carafe, all controlled by a single programmable device. However, a competitor points to a widely available, high-end coffee machine that has been on the market for several years, which performs exactly these steps: it grinds beans, heats water to a user-selected temperature, pours it over grounds, and filters it into a carafe, all managed by its internal programming. Since all the steps claimed in the new method are already present in that *one existing commercial product*, the patent claim for the "Automated Coffee Brewing Method" is anticipated. It lacks novelty because the method is already being performed by existing technology.

  • Example 3: The "Ergonomic Computer Mouse"

    An inventor applies for a patent on an "Ergonomic Computer Mouse" designed with: (1) a contoured shape to fit the hand, (2) a scroll wheel, (3) left and right click buttons, and (4) a thumb rest. During the patent search, an expired patent from 25 years ago is found for an "Improved Computer Input Device" that describes a contoured shape for hand comfort, a scroll wheel, standard left and right click buttons, and a dedicated thumb rest. Because every element of the new "Ergonomic Computer Mouse" claim is fully disclosed in that *single prior patent document*, the claim is anticipated. The invention, as claimed, is not new and therefore cannot be patented.

Simple Definition

In patent law, a patent claim is "anticipated" when all of its elements are identical to something already existing in "prior art," such as a previous invention or publication. If a claim is anticipated, it means it is not new and therefore cannot be patented; if a patent has already been issued, that claim will be declared invalid.

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