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
35 USC 120
Benefit of Earlier Filing Date in the US
35 USC 363
International Application Designating US
- Same effect as national application
- From its international filing date
35 USC 365
Priority in international applications
35 USC 161
Plant Patents
- Invents or Discovers
- Asexually reproduces
- Distinct and new variety of plant
- Not a tuber propagated plant
- Not a plant found in an uncultivated state
35 USC 171
Design Patents
- New, Original, and Ornamental Design
- For an article of manufacture
35 USC 154
Contents and Terms of Patent
(b) Adjustments to Patent Term
35 USC 156
Extension of Patent Term
