Legal Definitions - swearing behind

Definition: Swearing behind is a term used in patents to show that an invention was created or developed before a prior-art reference that was cited by a patent examiner as a reason for rejecting the patent application. It is also known as "swearing behind the reference".

Example: If a patent examiner cites a prior-art reference that was published before the applicant's invention, the applicant can provide evidence that they had already conceived of or reduced to practice the invention before the publication date of the prior-art reference. This evidence can include lab notebooks, prototypes, or other documentation that proves the invention's creation date.

Explanation: Swearing behind is a way for patent applicants to overcome prior-art references that could prevent them from obtaining a patent. By showing that they had already created or developed the invention before the prior-art reference was published, they can prove that their invention is novel and non-obvious. This can help them obtain a patent and protect their invention from infringement by others.