08 / December 2011
Does the age of a patent matter as it potentially represents prior art?
The IP Intelligence Group on LinkedIn has a discussion on the age of a patent and its effect on current patentability. The takeaway? It doesn’t make any difference how old a patent is or whether or not is has expired. Does the patent in question contain “enabling” detail that relates to current claims? If it does, as James Ryley states, “it is prior art that either anticipates, or renders obvious, your claims.”