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An impermissible sale has occurred if there was a definite sale, or offer to sell, more than 1 year before the effective filing date of the U.S. application and the subject matter of the sale, or offer to sell, fully anticipated the claimed invention or would have rendered the claimed invention obvious by its addition to the prior art. Ferag AG v.
(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 obvious at the time the invention was made to a person having ...
In the U.S. these laws are laid out in Title 35 of the United States Code, §102. Under the rules of most jurisdictions, [ 2 ] inventor’s own public disclosure or an offer to sell an invention, prior to filing an application for a patent, counts as a public prior art, which destroys the novelty of the patent application and prevents the ...
In support of this assertion, Wells pointed to 35 U.S.C. § 102(b), which states that an inventor shall not be entitled to a patent if: ...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 for patent ...
Furthermore, because no examination of the patentability of the application in view of the prior art is performed, the USPTO fee for filing a provisional patent application is significantly lower ($60 - $240 as of August 2023 [10]) than the fee required to file a standard non-provisional patent application.
the elapsed time between prior art and the patent's filing date (Leo Pharm. Prods., Ltd. v. Rea, 726 F.3d 1346, 1350 (Fed. Cir. 2013)) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.
In May 2015, the House Judiciary Committee approved with a majority vote the advancement of the bipartisan Innovation Act for later consideration on the Senate and House floor. H.R.9 is intended to amend title 35, United States Code, and the Leahy–Smith America Invents Act to make improvements and technical corrections.
So long as the modification of the prior art (or combination of several prior art references) would have been obvious to a person having ordinary skill in the art (PHOSITA) at the time the application was filed, the applied-for technology will be considered obvious and therefore patent-ineligible under 35 U.S.C. §103.