1. RJM - IP: Sci Ev in Pat Lit - Winter 2012
P-I-S v. PA/AD
Situation A
Patent-in-suit = NEW
Prior Art Patent = OLD
Situation B
Patent on accused device = NEW
Patent-in-suit = OLD
Which patent?
Question:
Is the New patent valid over the Old patent?
Is the Old patent infringed
by someone practicing the New patent?
New Patent
Look at New's CLAIMS
Look at New's SPECIFICATION (to see what people who practice New’s invention probably do)
Old Patent
Look at Old's SPECIFICATION
(to see what it teaches)
Look at Old's CLAIMS
When do you care about a patent’s CLAIMS?
A. When that patent is _____________________.
the patent-in-suit
02/07/2012 – Inst.Pat.Law
RJM - IP: Sci Ev in Pat Lit - Winter 2012