Antedating a reference

On the other hand, antedating can also be used negatively.

For example, since the strike price of executive stock options is based on the stock price that corresponds to the day of when these options are granted, the option grant date can be unethically antedated to a day in the past, where the stock's price was at a low for the benefit of the executives.

The USPTO does not do any independent investigation of the facts.

As explained above, if you convince the examiner you get the reference taken away.

A few gleanings: Jerusalem was unwalled and unfortified between the 16th to 8th centuries; the Albright thesis of a unified conquest has been abandoned by mainstream scholarship; the spread of alphabetic writing did not theirs, that restoration of the Jeurish people to the historic Land of Israel is the correction of a historic wrong in which Arab/Muslim invasion of and settlement in the Jewish land was as culpable as prior Roman invasion.

A date entered on a legal contract or check that is prior to the actual date of occurrence.

An antedate can sometimes be used if a contract has been delayed, to make sure the parties do not suffer from delays in the contract.

Antedates can also be used illegally to benefit the parties involved by shifting dates in contracts to achieve more desirable terms. If an employee submits a form late for benefits, antedating the contract can be positive in that it protects the employee from losing benefits.

However, the requirements for patentability are not different.

The original question had to do the with the case that prior art is cited by the examiner and the date of the reference is before the filing date but after the inventor actually invented and reduced the invention to practice.

A way the inventor can try to deal with that is by submitting a section 131 affidavit.

The examiner, finding the inventors' showing insufficient to antedate Evans, continued to apply Evans as prior art.

The Board affirmed the examiner, concluding that the inventors failed to provide sufficient evidence to antedate Evans.

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