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Sources Of Prior Art In Patent Law, Donald S. Chisum
Sources Of Prior Art In Patent Law, Donald S. Chisum
Washington Law Review
The question of what is prior art involves at least four different dimensions. The first is the dimension of time. When does art become "prior"? When, if ever, is it too old and forgotten to be considered prior art? The second is the dimension of place. The patent statutes make both United States and foreign patents and publications prior art, but limit knowledge, use, and invention to "in this country." When is something "in this country," and why is this distinction made? The third is the dimension of scope. What is the pertinent art to which the invention pertains? How …