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Simple English definitions for legal terms
antedating of a prior-art reference
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A quick definition of antedating of a prior-art reference:
Antedating of a prior-art reference: This is a term used in patents. It means that if someone has already published or patented something similar to what you want to patent, you can still get a patent if you can prove that you came up with the idea before they did. This only applies to patent applications in the United States. If you already have a patent, you can still antedate a prior-art reference if you can prove that you thought of the idea before the prior art and worked hard to make it a reality. This is also called antedating a reference, swearing behind a prior-art reference, or carrying back the date of invention.
A more thorough explanation:
Definition: Antedating of a prior-art reference is the process of removing a publication, a U.S. patent, or a foreign patent cited as prior art against a patent application by filing an affidavit or declaration that proves the applicant completed the invention before the effective date of the cited reference. This term applies only to U.S. patent applications. An issued patent may also antedate a prior-art reference if the conception predates the prior art and the inventor used due diligence in reducing the concept to practice. It is also known as antedating a reference, swearing behind a prior-art reference, or carrying back the date of invention.
Example: If a patent application cites a prior-art reference that describes an invention similar to the one being claimed, the applicant can antedate the reference by providing evidence that they completed the invention before the effective date of the reference. For instance, if the prior-art reference was published on January 1, 2010, and the applicant can prove that they completed the invention on December 31, 2009, they can antedate the reference and claim the invention as their own.
Explanation: This example illustrates how antedating of a prior-art reference works. By providing evidence that they completed the invention before the effective date of the prior-art reference, the applicant can prove that the reference is not relevant to their invention and claim it as their own.