Everything Flashcards
35 USC 101
Inventions Patentable
- Invents or Discovers
- New and Useful
- Process, Machine, Manufacture, Composition of Matter
-New and Useful Improvement Thereof
AIA 35 USC 102(a)(1)
No patent if before EFD:
- Patented
- Described in Printed Publication
- Public Use
- On Sale
- Otherwise Available
AIA 35 USC 102(a)(2)
No patent if before EFD, described in:
- Patent issued under 151
- Application published under 122(b)
*Only if by another inventor
AIA 35 USC 102(b)(1)
Disclosures made 1 year or less before EFD are not prior art if
A) Made by inventor/joint/someone who obtained SM from them
B) Disclosure was after SM was disclosed by inventor/joint/someone
AIA 35 USC 102(b)(2)
Disclosure in Apps/Patents not prior art if
A) SM obtained from inventor/joint
B) SM disclosed by inventor/joint first
C) SM owned by same person/subject to assignment to the same person before EFD
Pre-AIA 35 USC 102(a)
No patent if, before INVENTION
- Know/Used by others in US
- Patented or described in a printed publication anywhere
Pre-AIA 35 USC 102(b)
No patent if, more than 1 year prior to APPLICATION
- Patented or described in printed publication anywhere
- Public use or on sale in US
Pre-AIA 35 USC 102(c)
No patent if inventor abandoned the invention
Pre-AIA 35 USC 102(f)
No patent if inventor did not himself invent the subject matter sought to be patented
35 USC 103
No patent if the
- differences between the claimed invention and the prior art
- are such that the claimed invention as a whole would have been obvious
- before the effective filing date (at the time of invention) of the claimed invention
- to a person having ordinary skill in the art to which the claimed invention pertains.
35 USC 111(a)
“Application” - Non-Provisional
1) Written application
2) Contents (Spec 112, Drawing, 113, Oath 115)
3) Fee, Oath, Claims
4) Filing Date
35 USC 111(b)
“Application” - Provisional
1) Authorization
2) No claim required
3) Fee
4) Filing Date
…
35 USC 112(a)
“Specification” - Enablement
- Written Description
- Manner and process of making and using (full, clear, concise, and exact terms)
- Enable POSITA
- Best Mode
35 USC 112(b)-(f)
“Specification”
B) Definiteness - Conclude with claims
C-E) Forms of clams
F) Means or Step For
35 USC 119
Benefit of Earlier Filing Date - Foreign Country
A) Affords similar privilages as applications filed in US or WTO country
C) App filed in Foreign Country
