Prior Art Described in Patent Application

Posted by Michael Shimokaji | Mar 25, 2014 | 0 Comments

Question: Can I use examples of “prior art” from previous patent in my patent application? I am patenting a new type of product, there are some out in the same category now but I have different design, material, etc. But in my researching of previous patents, I see many use similar examples of prior art. Can I use the sample examples of prior art in my patent application, as an existing patent has?

Answer: You can describe other patents in your application but you are not obligated to do so. However, you do have an obligation to disclose known prior art by submitting an information disclosure statement.

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Free Consultations

Get answers to your questions from a patent lawyer and trademark lawyer. Contact us for a free consultation - by phone or video conference or in person.