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An invention disclosure, or invention disclosure report, is a confidential document written by a scientist or engineer for use by a company's patent department, or by an external patent attorney, to determine whether patent protection should be sought for the described invention. [1] It may follow a standardized form established within a ...
The information submitted in an IDS typically includes other issued patents, published patent applications, scientific journal articles, books, magazine articles, or any other published material that is relevant to the invention disclosed in the applicant's own patent application, irrespective of the country or language in which the published material was made.
Compared to patents, the advantages of trade secrets are that the value of a trade secret continues until it is made public, [101] whereas a patent is only in force for a specified time, after which others may freely copy the invention; does not require payment of fees to governmental agencies or filing paperwork; [101] has an immediate effect ...
A patent disclosure "enables" the invention, if it allows a person of ordinary skill in the art to practice the invention without undue experimentation. Patents may fail this test if they claim more than they teach: for example, a patent that claims all light bulbs but explains only how to make a particular type of light bulb.
A patent application is a request pending at a patent office for the grant of a patent for an invention described in the patent specification [notes 1] and a set of one or more claims stated in a formal document, including necessary official forms and related correspondence. It is the combination of the document and its processing within the ...
Invention in the U.S. is generally defined to comprise two steps: (1) conception of the invention and (2) reduction to practice of the invention. When an inventor conceives of an invention and diligently reduces the invention to practice (by filing a patent application, by making, testing, and improving prototypes, etc.), the inventor's date of ...
In order to reduce the impact of non-obviousness on patentability, to eliminate the flash of genius test, and to provide a more fair and practical way to determine whether the invention disclosure deserves a patent monopoly, the Congress took the matter in its own hands and enacted the Patent Act of 1952 35 U.S.C. Section § 103 reads:
In United States patent law, the reduction to practice is the step in the formation of an invention beyond the conception thereof. Reduction to practice may be either actual (the invention is actually carried out and is found to work for its intended purpose) or constructive (a patent application having a sufficient disclosure is filed).
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