Swearing Behind: Overcoming Asserted Prior Art in PTAB Proceedings, Part 2

This two-part article discusses the various legal and evidentiary requirements for antedating and removing prior art that patent owners should consider when their pre-AIA patents are challenged based on a prior art publication or activity that is not otherwise subject to a statutory bar. Part One led off with a discussion of the legal requirements for antedating prior art by establishing an earlier invention via: 1) conception and diligent reduction to practice; and 2) actual reduction to practice. Part Two discusses the legal requirements for removing prior art that discloses an inventor’s own work and the evidentiary requirements for swearing behind prior art.

15 minute read May 31, 2025 at 11:07 PM
By
Emily J. Roberts, Ph.D. and Adam R. Brausa
Swearing Behind: Overcoming Asserted Prior Art in PTAB Proceedings, Part 2

Part Two of a Two-Part Article

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