Patent Law: 35 USC 102 Flashcards
(24 cards)
Pre-AIA Old 102
In effect until March 16, 2013
“First to Invent”
Pre-AIA 102(a)
You cannot get a patent on something that someone else provably invented first
Proof :
-publications/patents anywhere
-known/use in US
Pre-AIA 102(b)
Once invention has entered “public domain” the inventor has a 1-year grace period to file
-publications/patents anywhere
-sale in US
Pre-AIA 102(c)
You cannot patent something that you have publicly stated you have given up on
Pre-AIA 102(d)
You may begin patent process outside US, but you have 1-year to file in US
Pre-AIA 102(e)
You cannot patent something someone else invented first if proof of prior invention can be found in:
-issued/published US app or PCT publication
Pre-AIA 102(f)
You can only patent what you invented, not the work of others
Pre-AIA 102(g)
USPTO only gives 1 patent/invention. There will be an interferences if more than 1 inventor claims the invention
AIA New 102
Begins March 16, 2013
“First to File”
AIA 102(a)(1)
Prior art in public domain as patents, printed publications, public use/sale ANYWHERE in world
AIA 102(a)(2)
Prior art as US patents, US patent publications, PCT publications as of their effective filing dates (foreign or domestic)
AIA 102(b)(1)(A)
Exception to 102(a)(1) via attribution
AIA 102(b)(1)(B)
Exception to 102(a)(1) via beat the date of another
AIA 102(b)(2)(A)
Exception to 102(a)(2) via attribution
AIA 102(b)(2)(B)
Exception to 102(a)(2) via beat the date of another
AIA 102(b)(2)(C)
Exception to 102(a)(2) via common ownership
AIA 102(c)
Joint Research Agreements via:
-Claimed invention made by parties to agreement and agreement was in effect before effective filing date
-Invention resulted from activities within scope of agreement
-Application discloses names of parties to agreement
AIA 102(d)
Effective filing date of US patent, US patent publication, or PCT publication is:
-The actual filing date UNLESS
-There is a valid claim for priority
35 USC 119
Foreign priority, within 1 year of FIRST foreign filing, need a priority claim
35 USC 120
Domestic non-provisional priority (CONs, DIVs, CIPs), filed during pendency of patent, contains reference to parent
35 USC 119(e)
Domestic provisional priority, file within 1 year of provisional, contains reference to provisional
Rule 130 Affidavits
Used to assert exceptions under AIA 102(b)
Rule 131 Affidavits
Used to swear back invention date under pre-AIA 102(a) and (e)
Rule 132 Affidavits
Used to assert secondary considerations to rebut a 103 prima facie obviousness rejection
