|
| |
Novelty
Under 35 U.S.C. Section 102
A person shall be entitled to a patent unless -
- (a) the invention was known or used by others in this country, or patented
or described in a printed publication in this or a foreign country, before
the invention thereof by the applicant for patent, or
- (b) 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 in the United
States, or
- (c) he has abandoned the invention, or
- (d) the invention was first patented or caused to be patented, or was the
subject of an inventor's certificate, by the applicant or his legal
representatives or assigns in a foreign country prior to the date of the
application for patent in this country on an application for patent or
inventor's certificate filed more than twelve months before the filing of
the application in the United States, or
- (e) the invention was described in a patent granted on an application for
patent by another filed in the United States before the invention thereof by
the applicant for patent, or on an international application by another who
has fulfilled the requirements of paragraphs (1), (2), and (4) of section 371(c)
of this title before the invention thereof by the applicant for patent, or
- (f) he did not himself invent the subject matter sought to be patented, or
- (g) before the applicant's invention thereof the invention was made in
this country by another who had not abandoned, suppressed, or concealed it.
In determining priority of invention there shall be considered not only the
respective dates of conception and reduction to practice of the invention,
but also the reasonable diligence of one who was first to conceive and last
to reduce to practice, from a time prior to conception by the other.
|
