Patent Pitfalls: Why Calgon and Clearwater Patents Failed, and How to Avoid Similar Outcomes

摘要

A prior art reference can inherently disclose an invention and thus prevent a later claim for patent protection on the invention, and prior art created by the inventor himself can be used to deny rights to the inventor for an invention that is the same or similar to the inventor's own prior art. In these ways water treatment patents have recently been invalidated. In other developments, the U.S. Supreme Court increased the standard for unobviousness in 2007, and the decision has been used by lower courts and the PTO to more frequently deny patent claims. But more recently the standard has largely been restored to its pre-2007 state for unpredictable arts such as water treatment. This paper describes these developments and concludes with recommendations for an invention management program that can avoid patent pitfalls and maximize rights in technology.