swearing behind

swearing behind. Patents. A patent applicant’s showing that an invention was conceived of or reduced to practice before the effective date of a prior-art reference cited by a patent examiner as grounds for rejecting an application. — Also termed swearing behind the reference. See ANTEDATING OF A PRIOR-ART REFERENCE . [Cases: Patents 91(.5). C.J.S. Patents § 122.] — swear behind, vb.
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