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Intellectual Property. Boston College Law School February 29, 2008 Patent - Novelty. Requirements. (1) Patentable Subject Matter (2) Novelty (3) Utility (4) Nonobviousness (5) Enablement. Novelty. 35 U.S.C. § 102. Novelty. “A person shall be entitled to a patent unless -

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intellectual property

Intellectual Property

Boston College Law School

February 29, 2008

Patent - Novelty

requirements
Requirements
  • (1) Patentable Subject Matter
  • (2) Novelty
  • (3) Utility
  • (4) Nonobviousness
  • (5) Enablement
novelty
Novelty
  • 35 U.S.C. § 102. Novelty.
    • “A person shall be entitled to a patent unless -
      • (a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof …
      • (b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application …
      • (e) the invention was described in a patent granted on an application for patent by another filed … before the invention …
      • (f) he did not himself invent the subject matter …
      • (g) before the applicant’s invention thereof the invention was made in this country by another who had not abandoned, suppressed, or concealed it ….”
novelty 102
Novelty - § 102

Invented

Patent Filed

(a) Novelty - known (US),

used (US), patented, described

One year

(b) Statutory Bar -

patented, described, in

public use (US), on sale (US)

(e) Previously Filed -

described in a filed

US patent application

(g) Previously Invented -

made in US by one who did not

abandon or conceal

novelty1
Novelty
  • 35 U.S.C. § 102. Novelty.
    • “A person shall be entitled to a patent unless -
      • (a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof …
novelty2
Novelty
  • 35 U.S.C. § 102. Novelty.
    • “A person shall be entitled to a patent unless -
      • (b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application …
novelty3
Novelty
  • 35 U.S.C. § 102. Novelty.
    • “A person shall be entitled to a patent unless -
      • (e) the invention was described in a patent granted on an application for patent by another filed … before the invention …
      • (f) he did not himself invent the subject matter …
novelty4
Novelty
  • 35 U.S.C. § 102. Novelty.
    • “A person shall be entitled to a patent unless -
      • (g) before the applicant’s invention thereof the invention was made in this country by another who had not abandoned, suppressed, or concealed it ….”
on sale bar
On-Sale bar
  • Policies
    • Don’t remove inventions from public domain
    • Encourage timely disclosure of inventions
    • Avoid extension of patent term
    • Provide some breathing space to inventors to assess patentability, marketability, success, etc.
priority
Priority
  • 35 U.S.C. § 102. Novelty.
    • “A person shall be entitled to a patent unless -
      • ….
      • (g) before the applicant’s invention thereof the invention was made in this country by another who had not abandoned, suppressed, or concealed it. In determining priority of invention there shall be considered not only the respective dates of conception and reduction to practice of the invention, but also the reasonable diligence of one who was first to conceive and last to reduce to practice, from a time prior to conception by the other.”
priority1
Priority

Conception

Reduction to

Practice

Conception

Reduction to

Practice

Reasonable Diligence

Reduction to Practice

Conception

griffith v kanamaru
Griffith v. Kanamaru

Reasonable Diligence

Griffith

Reduction to Practice

Jan. 11, 1984

Conception

Jun. 30, 1981

Kanamaru

Filed

Nov. 17, 1982

priority2
Priority
  • Questions
    • Why reward conception?
    • Why reward invention (as opposed to filing)?
    • Why a winner-take all system?
gatt trips changes
GATT-TRIPS Changes
  • Modifications to U.S. Patent Law
    • Term: 20 years from application
    • Introduction of foreign pre-filing activity
    • Provisional patent applications
administrative
Administrative
  • Next Class
    • Start Patent IV.B.5 – Nonobviousness
    • Through KSR v. Teleflex