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No United States patent granted before the date of enactment of this Act [Nov. 8, 1984] shall abridge or affect the right of any person or his successors in business who made, purchased, or used prior to such effective date anything protected by the patent, to continue the use of, or to sell to others to be used or sold, the specific thing so ...
AIA 35 U.S.C. 103 sets forth the nonobviousness requirement for patentability. There are, however, some important changes from pre-AIA 35 U.S.C. 103.
35 U.S.C. 103: Conditions for patentability; non-obvious subject matter. Taken from the 9th Edition of the MPEP, Revision 07.2022, (Published February 2023). Updated in BitLaw in October 2023.
Section Name. §103. Conditions for patentability; non-obvious subject matter. Section Text. A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed ...
Patents § 103. Conditions for patentability; non-obvious subject matter. Current as of January 01, 2024 | Updated by FindLaw Staff. A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the ...
Once the findings of fact are articulated, Office personnel must provide an explanation to support an obviousness rejection under 35 U.S.C. 103. 35 U.S.C. 132 requires that the applicant be notified of the reasons for the rejection of the claim so that the applicant can decide how best to proceed.
Conditions for patentability; non-obvious subject matter. (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been ...
35 U.S.C. 103 (pre‑AIA) Conditions for patentability; non-obvious subject matter. [Editor Note: Not applicable to any patent application subject to the first inventor to file provisions of the AIA (see 35 U.S.C. 100 (note) ).
The US Patent and Trademark Office (USPTO) recently updated its guidance for patent examiners and applicants in determining obviousness under 35 USC § 103, based on the US Supreme Court’s ruling in KSR Int’l Co. v. Teleflex Inc., 550 US 398 (2007).
103. Conditions for patentability; non-obvious subject matter. the claimed invention pertains. Patentability shall not be negated by the manner.