Roughed up: Muscle mag ads affect patentability

Description

Abstract: Muscle magazines rarely enter into discussions of patentability. But a recent case involving a nutritional supplement turned on several advertisements that ran in a body-building periodical. The defendant in this infringement case argued that the plaintiff’s patent was invalid, because the invention was anticipated or rendered obvious by a number of similar supplements advertised in fitness periodicals. The court’s decision means current and prospective patent holders should probably reconsider the implications of advertisements when it comes to their inventions.