101 & 102 Prior Art

Patent litigation is known to be a complex process and necessitates appropriate evidence to challenge the patent. Especially for US patent litigation, uncovering prior art as specified in 35USC 101 and 35USC 102 is essential.

Prometheus IP has extensively worked on a number of USA patent litigation assignments where our technical analysts worked with patent attorneys and reported 101 & 102 prior art results.

Our X-Factor

  • Analyzing claims of the subject patent to understand how an inventive step is protected.
  • Through analysis of file-history to frame search strategies based on the inventive step and the technical aspects discussed during examination.
  • In depth analysis of examiner and applicant cited references.

Prometheus IP Approach

  • Thorough technical understanding of subject patent claims and detailed description.
  • Detailed review of subject patent bibliographic details and image file wrapper details.
  • Detailed review of subject patent family members and prosecution details of the family members.
  • Detailed review of forward and backward citations of subject patent and family members.
  • Framing search strategies to uncover the prior-art based on keywords, assignee, inventors, citations (forward and backward), patent classification codes (US,CPC, IPC, ECLA and F terms).
  • Handling IP/Non-IP queries utilizing the specialized databases.
  • Detailed analysis of search results describing the similarities and deviations.


  • An Excel file depicting the claim chart with different sections of potential publications disclosing the claim(s) subject to 35 USC 101 & 102.
  • Reporting format includes a quick analysis table and claim chart that would help to quickly understand output of the search report with respect to 35 USC 101 & 102.
  • Report including patent and non- patent literature results.
  • PDF copies of both patent and non-patent literature listed in the search report.