Patent Invalidated by Disclosure of the Subject of the patent in a Print Ad
In a recent ruling, a federal court in Texas determined that the ads used by an applicant disclose all of the limitations of the asserted claims, including each of the claimed chemical components, as well as the stated function of oral administration to a human to speed muscle recovery, allowed a person of skill in the art combining his or her knowledge with the ads’ suggestions, caused the patent to be invalid as anticipated under 35 U.S.C. § 102(b). According to the court, the claimed invention was disclosed in a printed publication more than one year prior to the date of the application for patent in the United States in violation of 35 U.S.C. § 102(b).
Our advice: Keep it close to your vest!
Read the entire ruling here.