What Borat Has To Do With Patent Law

Entertaining collision between pop culture and patent law:

Rarely does patent law meet pop culture so hilariously. But it gets to a more important point: An invention cannot be patented if there has been a public disclosure of said invention prior to the date of filing.

This application for a scrotal support garment serves as a great example of rejection through non-patent literature. When you apply for a patent, the examiner can use any information available to the public to reject your application – not just patents. In this case, the examiner had an easy time finding a picture of Borat.

But can a picture be used as prior art?

Advertisements


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s