Define: Anticipation

Anticipation, in a legal context, generally refers to the ability to foresee or predict future events or circumstances that may affect legal rights or interests. It is a fundamental principle in various areas of law, including contract law, where parties must anticipate and address potential contingencies or risks when drafting agreements. Anticipation also plays a role in litigation, where parties may anticipate the arguments or evidence that will be presented by opposing parties and prepare accordingly. In patent law, anticipation refers to the situation where a prior disclosure or existing technology renders an invention obvious or lacking novelty, thus preventing the issuance of a patent. Overall, anticipation is a critical aspect of legal reasoning and strategy, as it enables individuals and entities to anticipate potential legal issues, plan effectively, and take proactive measures to protect their rights and interests.

Anticipation, in the context of patent law, refers to a situation where an invention is not considered novel or new because it has already been disclosed or made available to the public before the filing date of the patent application. Anticipation is a ground for rejecting a patent application or invalidating an existing patent.

For an invention to be anticipated, all the essential features of the claimed invention must have been disclosed in a single prior art reference. The prior art reference can be a prior patent, a published article, a public use or sale, or any other form of public disclosure. It is not necessary for the prior art reference to explicitly describe or enable the invention; it is sufficient if a person skilled in the relevant field could derive the invention from the prior art.

Anticipation is a strict requirement, and even a single difference between the claimed invention and the prior art reference can render the invention novel. However, the prior art reference must be available to the public before the filing date of the patent application. If the prior art reference is published or made available after the filing date, it cannot be used to anticipate the invention.

In patent prosecution, the examiner may reject a patent application based on anticipation if they find a prior art reference that discloses all the essential features of the claimed invention. The applicant can argue against the anticipation rejection by showing that the prior art reference does not disclose all the essential features or that the claimed invention has additional features not found in the prior art.

In patent litigation, anticipation can be used as a defence to invalidate a patent. The accused infringer can present prior art references that anticipate the patented invention, thereby challenging the novelty and validity of the patent.

Overall, anticipation is a crucial concept in patent law that determines the novelty and validity of an invention. It ensures that only truly new and non-obvious inventions are granted patent protection.

In patent law, a situation in which an invention is “anticipated” by being too similar to an earlier invention is considered novel. Because novelty is a requirement for a patent, anticipated inventions are not patentable. Anticipation can occur when a prior invention or printed publication matches all of the primary characteristics of the invention, or it can happen when the invention is displayed or offered for sale more than a year prior to filing a patent application. For example, a bird owner invents a device to keep her bird from picking at its tail feathers. She applies for a patent, but her application is rejected on the ground that the same device was in use 3500 years ago in Egypt. In patent-speak, the inventor’s creation has been anticipated by previous developments (the prior art.)

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 10th April, 2024.