Logic Behind Prohibition in Patent Applications

The word prior art is prohibited in the applications, with the logic assuming, that the patent applications are made for an exclusive, rare and unique inventions made by the inventors. And if the inventors are using this word, it depicts that their invention is no more unique, as they are giving references of some prior art.

Your invention has to be one of its kinds, for qualifying the claim. But you are nullifying the norms of application, as you are not the first one to bring up your invention in front of public.

Comparisons – Not Acceptable

To show the values of your unique invention, you might feel tempted to compare it with prior arts. And while giving the description of your invention in the application, you might mention the word, to make your point clearer. But you will end up getting disappointed, as you are digging the well for you by doing this.

Take this word as a foe of patents, which cuts them off from the list of patents. With the help of reliable patent trademark attorney, there are several other ways of drafting a convincing, strong and well-defined application without using the word.

Different Levels of Authorisation

Your application passes from one authority to another, before getting the final claim on the patent. Chances are there, that one authority will pass your application, considering it as an exceptional case or something like that. But escaping from all other levels is not possible. It will get rejected at other levels.

You should know how the patent application works. Watch your words as this may lead to cancellation.