Sunday, November 16, 2008
Notable paragraphs of the US Patent Law
These paragraphs are most often cited by the USPTO examiners, and patent agents struggling with pushing inventions through the institution's paper jam:
US Patent Act Title 35 of the United States Code
§100, Definitions: Process means process, art and method, and includes a new use of a known process, machine, manufacture, composition of matter, or material.
§101, Patentable inventions: Any new and useful process, machine, manufacture, composition of matter, or any new and useful improvement thereof, may obtain a patent therefore…
§102, Novelty:
1. Not previously known, used, patented, printed, publicly used, sold.
2. Invention was not patented, used, printed one year prior to date of application.
§103, Non-Obviousness:
1. Not patentable if at time of prior art invention, the subject matter as a whole would have been obvious to a person of ordinary skill in the art.
§111, Application:
1. Specification:
2. Drawing:
§112, Specification:
Written description: manner and process of making and using invention – full, clear, concise and exact so as to ENABLE a person skilled in the art to make and use the same.
Claims: One or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention – independent, dependent or multiple dependent form. Claims may be MEANS or STEPS for performing a specified functions, and may not be enabling (but supported by spec).
§271, Infringement: Making, using, offering, selling any patented invention infringes the patent. NOT if it is changed by subsequent processes.
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