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Legal Definitions - anticipated

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Definition of anticipated

Anticipated, adjective. In the context of patents, it means that a patent claim has all the same elements of a prior-art reference. If a claim is anticipated by a previous invention or publication, that claim is not allowed. If a patent has already been issued, it will be declared invalid. This is also known as "fully met."

For example, if someone tries to patent a new type of phone case that has a built-in battery, but there is already a patent for a phone case with a built-in battery, the new patent claim would be anticipated and not allowed.

Another example would be if someone tries to patent a new type of car engine that has a specific feature, but there is already a published article describing an engine with the same feature, the patent claim would be anticipated and not allowed.

These examples illustrate how a patent claim can be anticipated if it has already been fully met by a prior-art reference, whether it is a previous patent or a published article.

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Simple Definition

Term: ANTICIPATED

Definition: When someone expects something to happen or knows about it before it actually occurs. In the context of patents, if a new invention is already described in a previous invention or publication, it is considered anticipated and cannot be patented. This means that if a patent has already been granted for an invention that is fully met by a previous invention or publication, the patent will be declared invalid.

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A lawyer is a person who writes a 10,000-word document and calls it a 'brief'.

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