Patent defects are apparent on ordinary examination at completion. Acceptance of work with known patent defects may waive claims, and limitations typically run from completion rather than discovery.
The classification is frequently disputed.
Alternative Names:
Obvious Defect|Apparent Defect
Why it Matters?
Acceptance without objection can waive patent defect claims, which makes the punch list and final walkthrough the point at which an owner preserves or forfeits them. Documenting observed deficiencies at acceptance is what avoids the waiver argument. The patent and latent characterization is also contested because it determines whether the discovery rule applies, and a defect an owner arguably should have seen may be time-barred while a concealed one is not.
Frequently Confused with
Related terms
Frequently asked questions
Does acceptance waive patent defect claims?
Why is the classification contested?
