Intellectual Property Law

Patent Anticipated by Prior Art Paper That Shared Diagrams and Descriptions

• On a patent for internet security techniques, a paper published more than one year before the patent was filed invalidated the patent due to anticipation. The panel rejected the argument that the paper was not enabling - shared language and diagrams between the paper and the specification established on summary judgment that the paper was enabling.
• A paper posted on an FTP site with an obscure file name was not a publication - it was not indexed so that one of skill in the art would look for it there.
  

Full post as published by IP Law Observer on January 11, 2008 (boomark / email).