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Prior art by Donald Duck

A patent was rejected due to the invention having been described in a Carl Barks comic.

That does not mean that fiction cannot be used as prior art at all. If the fiction describes the invention in sufficient detail, it counts as prior art just like a technical publication would. A famous example is the case of a method to recover sunken ships by filling them with buoyant bodies fed through a tube. This method was used in 1964 to recover the freighter Al-Kuwait from the bottom of the Persian Gulf. The Danish inventor Karl Kroeyer tried to get a patent for this method, but his patent application (amongst others, in the UK GB 1070600 and in the Netherlands NL 6514306) was rejected for lack of novelty. The prior art? In 1949 the Donald Duck story The Sunken Yacht (by Carl Barks) shows Donald and the nephews raising a ship by filling it with ping pong balls shoved through a tube. Since ping pong balls are buoyant bodies, and they were fed to the yacht through a tube, the Donald Duck episode was considered novelty-destroying prior art.

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