Sentences with phrase «over the prior art»

You'll have to articulate why your invention is different from prior art and / or an improvement over prior art.

Under the new guidance, if a motion to amend meets obligations of the statute and rules, such as a showing of written support and a narrowing of claims, the Board will analyze amended claims under the same framework applied to original claims, that is, whether they are patentable over the prior art of record.

From a common sense perspective, the public would expect that if Lilly has based their new patent on new advantages over the prior art, then they should be held to demonstrating or predicting such advantages.

The case was successfully settled shortly after Mr. Randall obtained an expert report from the author of several key prior art references and damaging testimony from the inventors concerning the patentability of the asserted patent over that prior art.

Thus, many patent owners opt to file preliminary statements arguing that no basis for review exists by distinguishing the claims over the prior art.

If a defendant in a patent case advocates a broad claim construction, the agenda is, as it is in this case, invalidation: for a broad patent it's easier to find prior art, or to argue obviousness over prior art.

As the commissioner will look to the specification to interpret the claims, applicants should consider drafting specifications and claims in a manner that describes a technical solution to a technical problem in addition to presenting the manner in which the invention is an improvement over the prior art.

In a set of five separate opinions spanning over 140 pages, the appeals court rejected the current PTAB requirement that the patent owner bears the entire burden of proving that proposed amended claims are patentable over the prior art.

[the Canadian court] essentially followed the IG approach in saying that the Patent had to disclose an advantage over the prior art.