Pre-AIA 102

Question 1

102a

Answer 1

Can’t patent something already KNOWN in US (pubs, posters, for sale, etc)

or

PUBLISHED anywhere in world (US apps, US/PCT patents)

Question 2

102b

Answer 2

1yr Grace Period for public domain

Anything older than one year is prior art

b1 - published anywhere in world (US apps, US/PCT patents)

b2 - Public use or sale in US only

Question 3

102c

Answer 3

can’t patent something you’ve given up on or disparaged

Question 4

102d

Answer 4

1 year grace period for foreign applications

May make foreign application outside of US but must file in US before issuance;

1 year from filing date of IA; or

invention becomes public knowledge

Whichever is first

Question 5

102e

Answer 5

Can’t patent an invention in —

(1) a US published application by another or
(2) a US patent by another

Before 11/29/00, IAs did not count as prior art

After 11/29/00, IA must publish in English and designate US to be prior art.

Question 6

102f

Answer 6

Cannot patent work of another (redundant with 101)

Question 7

102g

Answer 7

One patent per invention (unity of invention), interference practice over disputed inventorship

Question 8

pre-AIA 102

Answer 8

Before March 16th, 2013

(a) Novelty
(b) Bar on Filing after 1 year grace period
(c) Abandonment
(d) Bar on filing after 1 yr of Foreign Filing
(e) Can’t patent something already published or issued
(f) Can’t patent work of another
(g) Unity of Invention + Interferece

Question 9

Can’t patent something already KNOWN in US (pubs, posters, for sale, etc)

or

PUBLISHED anywhere in world (US apps, US/PCT patents)

Answer 9

102a

Question 10

1yr Grace Period for public domain

Anything older than one year is prior art

b1 - published anywhere in world (US apps, US/PCT patents)

b2 - Public use or sale in US only

Answer 10

102b

Question 11

can’t patent something you’ve given up on or disparaged

Answer 11

102c

Question 12

May make foreign application outside of US but must file in US before issuance;

within 1 year of filing date; or

the invention becomes public knowledge.

whichever comes first

Answer 12

102d

Question 13

Can’t patent an invention in —

(1) a US published application by another or
(2) a US patent by another

Before 11/29/00, IAs did not count as prior art

After 11/29/00, IA must publish in English and designate US to be prior art.

Answer 13

102e

Question 14

Cannot patent work of another (redundant with 101)

Answer 14

102f

Question 15

One patent per invention (unity of invention), interference practice over disputed inventorship

Answer 15

102g