We Bring Technology to Market.

Work with us

What an IP coordinator should know: The prior art wall

As part of our ongoing series examining the ecosystem necessary to bring technology to market, David French, a senior Canadian patent attorney with 35 years of experience, now provides a further of his commentaries on the importance to a company of protecting its Intellectual Property.

By David French

In the last blog post in this seriesĀ we identified how “loopholes” can seriously undermine the value of a patent. In an earlier post, we touched upon the novelty requirement for obtaining a patent. In this post, we address in greater detail the reality of the existence of prior art and its impact on potential patent coverage.

The Golden Rule of patent law is that a patent claim cannot take away from the public anything that was previously available to the public. That is, the claims of the patent, defining the exclusive rights of the owner, cannot describe or read on anything that existed previously. If they did, the patent could be asserted against something that was previously available. That is prohibited.

Read More

Join us

Events We're Attending:

  • image description
  • image description
  • image description
  • image description
  • image description
  • image description
  • image description