Need to Submit Prior Art with My Patent Application

Posted by Michael Shimokaji | Mar 27, 2014 | 0 Comments

Question: Do I need to submit prior art with my patent application?

This is for a design patent. Is it required to submit prior art with my application? If it's not required are there benefits in including it with the application?

Answer: All applicants for a patent have a legal duty to disclose to the patent office prior art that is material to the patentability of their invention. What specific prior art must be disclosed is not a black and white answer. Therefore, many applicants err on the side of disclosing, rather than not disclosing.

The benefit to disclosing prior art is that your patent application goes through a more rigorous examination. In turn, this increases the “strength” of your patent.

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.


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