
Consider a Spherical Patent: IP and Patenting in Technology Business
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All of a sudden, it is as if the PPA never existed. e related-art reference (REF)
can now be asserted against patent P as prior art to challenge its validity and
perhaps blow up (that is to say, invalidate) the patent (or at least a problematic
claim or claims). e REF is now called “intervening prior art” because it arose
in the interval between the PPA and NPPA ling dates.
It is worth noting here that if the REF were actually by the inventor (or someone
who obtained the information from the inventor), then the inventor would be enti-
tled to the 1-year grace period from ...