What Borat Has To Do With Patent LawPosted: March 29, 2012
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?