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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 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.
The patent laws were again revised in 1836, [23] and the examination of patent applications was reinstituted. [24] In 1870 Congress passed a law which mainly reorganized and reenacted existing law, but also made some important changes, such as giving the commissioner of patents the authority to draft rules and regulations for the Patent Office.
The original patent term under the 1790 Patent Act was decided individually for each patent, but "not exceeding fourteen years". [26] The 1836 Patent Act (5 Stat. 117, 119, 5) provided (in addition to the fourteen-year term) an extension "for the term of seven years from and after the expiration of the first term" in certain circumstances. [ 27 ]
The issue of novelty often arises during patent examination, because of inadvertent and/or partial disclosures by inventors themselves prior to filing a patent application. [citation needed] Unlike the laws of most countries, the US patent law provides for a one-year grace period in cases of inventor's own prior disclosure. [28]
Patent applications filed at the world's major patent offices from 1980 to 2021. A patent is requested by filing a written application at the relevant patent office. The person or company filing the application is referred to as "the applicant". The applicant may be the inventor or its assignee.
Judging patentability is one aspect of the official examination of a patent application performed by a patent examiner and may be tested in post-grant patent litigation. Prior to filing a patent application, inventors sometimes obtain a patentability opinion from a patent agent or patent attorney regarding whether an invention satisfies the ...
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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