Читать книгу Intellectual Property Law for Engineers, Scientists, and Entrepreneurs - Howard B. Rockman - Страница 113

The inventor must disclose to the attorney at the patent disclosure meeting all material information known to the inventor which is relevant to related prior technology, either of the inventor or of others. For example, any information or activities the inventor has knowledge of regarding the use or disclosure of a similar device or process, or whether there are any third‐party publications, articles, or prior patents which disclose the invention of which the inventor is aware, should be discussed. These articles, patents, and other materials should also be produced to the patent attorney. All of such printed and electronic information in books, articles, brochures, and patent publications, as well as general knowledge and items that are available to the public, are all included within the definition of “prior art” against which the novelty of the invention is measured, and which the claims of the patent application must avoid covering.

Chapter 8 discusses the pre‐examination patentability search that is sometimes conducted to discover prior art that may bear on the patentability of your invention. This search will ultimately disclose whether or not there is a single prior art publication or event that would destroy novelty under 35 U.S.C. §102(a) or (b), or whether the invention is rendered obvious through a combination of prior art materials under 35 U.S.C. §103.