Seattle Patent Attorney | Seattle Trademark Lawyer

Ruttler Mills PLLC

Seattle Patent Attorneys and Trademark Lawyers

206-838-6400 Complimentary 15 Minute Consultation

Secret Prior Art

Jim Ruttler, Patent Attorney

Posted Wednesday, July 14, 2010 by Jim Ruttler

When applications are filed in the U.S., they are not available for public review for at least 18 months. However, pursuant to 35 USC 102(e), these applications are considered prior art as of their filing dates and may be cited by an examiner as a basis for a rejection. This means that when one searches for prior art prior to and after filing a patent application, he or she will not discover a huge swath of prior art that exists and that may be cited by a patent examiner later during examination. That is, just because you don’t see it doesn’t mean it doesn’t exist and isn’t prior art.

A good strategy for dealing with this issue is to file at least a provisional application as soon as possible to secure an early filing date.

Ruttler Mills PLLC
One Union Square, 1730, 600 University Street, Seattle, Washington 98101 US
Phone: (206) 838-6400

News and Announcements

Wednesday, May 18, 2016
New Industry Patent Purchase Program (IP3) learn more +
Sunday, May 15, 2016
Federal Circuit Confirms Software Eligibility learn more +
Friday, March 4, 2016
European Unitary Patent Gold Rush learn more +
Sunday, February 14, 2016
Patent Attorney Leif Stordal Joins Ruttler Mills learn more +
Tuesday, April 28, 2015
Ruttler Law is now Ruttler Mills learn more +