Anticipation in Chemical Patents

To help understand the concept of anticipation, let s consider the following example. A chemist has found that a particular combination of pigments and additives results in 

Several prior art references with effective dates before our chemist s invention are available for examination against the invention described in claim 1 above. The pertinent details of each reference are  

Reference 1. Describes the preparation of pigments A and B and additives G and H and also describes a composition consisting of pigments A and B together with additives G and H. 

---

Conversely, a claim that is narrow in scope will allow others more room to maneuver outside of the narrower claim scope. However, narrower descriptions of the invention are often more readily enabled since they don t require broad support in the patent specification, and furthermore, the invention is less likely to be anticipated by the prior art since the narrower claim, by occupying less territory, is less likely to overlap with the prior art. So what is an inventor to do Should the inventors go for broke and claim their invention as broadly as possible but at the same time increase their risk of patent invalidity Or should they instead take a conservative approach and claim narrowly Well, as it turns out, the skillful applicant might be able to have her cake and eat it too A U.S. patent can issue with an unlimited number of claims and thus a chemical invention can be claimed from broad to narrow, all within the... 

Research and development that is not for a commercial purpose is not subject to the PMN and Inventory rules at all, and the manufacturer, importer, or processor does not have to comply with the R D exemption. So, for example, a researcher who makes a chemical for purely academic research does not have to comply with the R D exemption. R D is not considered purely academic if it is funded under a contract that anticipates commercialization, or if the researcher holds a patent in the field or has asserted trade secret rights. ... 

A more detailed overview with all five oxidation states to be formulated for oligomeric (n = 2) polyanilines is given by Groenendaal et al. The concept of defined octamers was used until the early 1970s, when polyaniline for the first time came into the focus of the chemical industry due to its (semi)conduct-ing properties, for example, in Eastman Kodak patents. But this is in anticipation of the subsequent seminal and dramatic changes. Industrially, aniline... 

In the preface to the first edition of this book pubiished in 2000, we said Industrial applications of homogeneous catalysis are proven, and a much wider application in the future is anticipated. Growth in the area of homogeneous catalysis with transition metal over the last 12 years has been phenomenal, and the innumerable number of patent applications and successful commercialization of selected processes in sectors as diverse as bulk chemicals, specialty polymers, and pharmaceutical intermediates have validated our anticipation. 

---