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an·ti·ci·pa·tion /an-ˌti-sə-'pā-shən/ n: the knowledge or use of an invention in the U.S. or the patenting or describing of the invention in a publication in the U.S. or a foreign country before the discovery by a patent applicant◇ Case law has established that every claim or element of a claim has to be disclosed in the prior art in order for a patent application to be barred by anticipation. If an application is amended to consist of claims not disclosed in the prior art, invalidation by anticipation can be avoided.
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
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I
(expectation) noun
apprehension, contemplation, divination, forecast, foreseeing, foresight, imminence, insight, intuition, preconception, prediction, preparation, prescience, presentiment, prolepsis, second sight
II
(likelihood) noun
contemplation, expectancy, foreboding, forecast, hope, outlook, possibility, preconception, preoccupation, presumption, prevision, probability, prospect
associated concepts: anticipation of income, anticipation of injuries
III
index
advancement (loan), expectation, forethought, likelihood, possibility, precaution, preconception, preparation, presumption, probability, prospect (outlook)
Burton's Legal Thesaurus. William C. Burton. 2006
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A situation in which an invention is too similar to an earlier invention to be considered new (or novel). Because novelty is a requirement for patentability, anticipated inventions are not patentable. An invention is usually anticipated by1) prior publications (a news article, trade journal article, academic thesis, or prior patent),2) prior inventions (if all significant elements of the later invention are found in an earlier one prior to the date of invention or the applications filing date),3) placing the invention on sale more than one year prior to an applications being filed, or4) public use or display of the invention more than a year prior to filing the patent application. (See also: one-year rule, prior art)Category: Patent, Copyright & Trademark → Patent Law
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
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The performance of an act or obligation before it is legally due. In patent law, the publication of the existence of an invention that has already been patented or has a patent pending, which are grounds for denying a patent to an invention that has substantially the same structure and function as the earlier invention.
Dictionary from West's Encyclopedia of American Law. 2005.
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The performance of an act or obligation before it is legally due. In patent law, the publication of the existence of an invention that has already been patented or has a patent pending, which are grounds for denying a patent to an invention that has substantially the same structure and function as the earlier invention.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
