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Prior art (also known as state of the art [1] or background art [2]) is a concept in patent law used to determine the patentability of an invention, in particular whether an invention meets the novelty and the inventive step or non-obviousness criteria for patentability.
In 1641, Samuel Winslow was granted the first patent in North America by the Massachusetts General Court for a new process for making potash salt. [ 19 ] Towards the end of the 18th century, and influenced by the philosophy of John Locke , the granting of patents began to be viewed as a form of intellectual property right, rather than simply ...
Between the Patent Act of 1790 and that of 1793, only 57 patents were granted, but by July 2, 1836, a total of 10,000 patents had been granted. [17] This however, came at an expense of the quality of patents granted. Thomas Jefferson, who was Secretary of State at the time, realized the need to employ experts into the patent examination process.
In United States patent law, the doctrine of inherency holds that, under certain circumstances, prior art may be relied upon not only for what it expressly teaches, but also for what is inherent therein, i.e., what necessarily flows from the express teachings. [1] For a patent claim to be valid, its subject-matter must be novel and non-obvious.
Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious. A patent is the right to exclude others, for a limited time (usually, 20 years) from profiting from a patented technology without the consent of the patent ...
Under the Indian Patent Act (1970), "inventions" are defined as a new product or process involving an inventive step and capable of industrial application. [7] Thus the patentability criteria largely involves novelty, inventive step and industrial application or usability of the invention.
Patent term adjustment – process of extending the term of a US patent. Its intention is to accommodate for delays caused by the US patent office during the Prosecution of a US patent application. The total PTA is an addition to the 20-year lifespan of a US patent.
The case has also been noted as an early antecedent to the modern doctrine of obviousness, [29] and the doctrine of equivalents. [30] [31] Because the case is specific to the state of patent law before 1836, it has seldom been cited since the mid-19th century. The most recent citation in a Supreme Court case is in the 1906 case of Burton v.
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