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This involves examining product catalogs, trade shows, and industry reports. Expert Consultation: Engaging experts in the relevant field to provide insights and identify potential prior art that would not be easily accessible through traditional search methods. 10.3. Implications of Prior Art on Patent Validity The discovery of relevant prior art can have significant congo-brazzaville b2b leads implications for the validity of a patent. Key considerations include: Novelty: If prior art discloses all the features of a claimed invention, the patent may be considered not novel and, therefore, invalid. Non-obviousness: Even if the invention is not identically disclosed in the prior art, the differences may still be considered minor and would be readily deduced by a person skilled in the relevant art.


Patent Amendments: If prior art is identified during the due diligence process, the patent claims may need to be amended to more clearly distinguish the invention from prior art. The scope of the claims may be narrowed or specific features may be added that distinguish the invention. 10.4. Managing Prior Art in Patent Prosecution and Litigation Effective management of prior art is essential in both patent prosecution and litigation. During prosecution, patent applicants must disclose to the patent office all relevant prior art of which they are aware to ensure transparency and protect the integrity of the patent process.