In the latest Managing IP podcast, Paul Peters and Rob Austin of CAS reveal how prior art can emerge from unexpected sources – and why these discoveries can make or break patent strategies.
The discussion explores the different stages where prior art plays a crucial role, from early ideation to post-grant opposition. Peters and Austin emphasise the importance of close collaboration between attorneys and intellectual property (IP) searchers to clarify exactly what evidence is needed to support or challenge a claim. Sometimes, that evidence comes from the most unusual places.
One oft-cited example is a 1949 Donald Duck comic showing how to raise a sunken ship with ping pong balls, which later scuttled a patent application. Another case involved a Dennis the Menace strip that depicted a dog opening a door, echoing a claimed invention. Even Steve Jobs’ 2007 keynote describing the iPhone’s bounce-back effect was used against Apple in a patent dispute.
Film has also provided ammunition: Stanley Kubrick’s 2001: A Space Odyssey was cited in litigation over rounded-corner displays. More recently, YouTube videos have become a powerful source of non-patent literature, with examiners even timestamping moments to prove prior disclosure.
Chemical patents bring their own challenges. Austin recounts cases where safety data sheets or catalogue listings were decisive in invalidating claims by proving an ingredient’s properties or prior availability.
These stories underscore a central message: prior art can hide in plain sight, and skilled IP professionals are essential in uncovering it before it is too late.
