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This law has been substantially changed as of March 16, 2013, the effective date of the first-to-file provisions of the Leahy-Smith America Invents Act (AIA), although this procedure is still available in patent applications entitled to effective filing dates before this date.
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.
U.S. Code Title 35, via United States Government Printing Office; U.S. Code Title 35, via Cornell University; U.S. Code Title 35, section 102, via BitLaw; Title 35 rendered in verse; The USPTO's Manual of Patent Examining Procedure, including explanations and interpretations of all of U.S. Code Title 35
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 ...
The eligibility of a claimed invention under section 101 shall be determined without regard to: the manner in which the claimed invention was made; whether individual limitations of a claim are well known, conventional or routine; the state of the art at the time of the invention; or any other considerations relating to sections 102, 103, or ...
The Leahy–Smith America Invents Act (AIA) is a United States federal statute that was passed by Congress and signed into law by President Barack Obama on September 16, 2011. The law represents the most significant legislative change to the U.S. patent system since the Patent Act of 1952 and closely resembles previously proposed legislation in ...
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No infringement action may be started until the patent is issued. However, pre-grant protection is available under 35 U.S.C. § 154(d), which allows a patent owner to obtain reasonable royalty damages for certain infringing activities that occurred before patent's date of issuance. This right to obtain provisional damages requires a patent ...