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February 15, 2014

Secret Invalidation

The lawlessness of the CAFC continues unabated. In Solvay v. Honeywell (CAFC 2012-1660), the court illicitly finds for a domestic company over a foreign rival. In dissent, Judge Newman observes:

The court today creates a new class of secret prior art, holding that a privately performed experiment, without publication or public knowledge or use or sale or inclusion in a United States patent application, is invalidating "prior art." Heretofore the role of secret prior art has been carefully circumscribed. The new general rule here adopted contravenes the policy and the letter of patent law, wherein inventors are charged only with knowledge of what is known or knowable as defined by statute, subject to special limited circumstances.

Cavalier commenter Hal Wegner, ever attendant to keeping his nose brown with the pungent powers that be, calls Newman's scrupulousness "antiquated thinking."

Posted by Patent Hawk at February 15, 2014 2:52 PM | Prior Art