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Intellectual Property Boston College Law School February 14, 2007 Patent - Utility.

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Presentation on theme: "Intellectual Property Boston College Law School February 14, 2007 Patent - Utility."— Presentation transcript:

1 Intellectual Property Boston College Law School February 14, 2007 Patent - Utility

2 Requirements (1) Patentable Subject Matter (2) Novelty (3) Utility (4) Nonobviousness (5) Enablement

3 Utility General Utility Specific Utility Moral Utility

4 Utility?

5

6 Novelty 35 U.S.C. § 102. Novelty. –“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 … (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 … (e) the invention was described in a patent granted on an application for patent by another filed … before the invention … (f) he did not himself invent the subject matter … (g) before the applicant’s invention thereof the invention was made in this country by another who had not abandoned, suppressed, or concealed it ….”

7 Novelty - § 102 InventedPatent Filed (a) Novelty - known (US), used (US), patented, described (e) Previously Filed - described in a filed US patent application (b) Statutory Bar - patented, described, in public use (US), on sale (US) One year (g) Previously Invented - made in US by one who did not abandon or conceal

8 Novelty 35 U.S.C. § 102. Novelty. –“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 …

9 Novelty 35 U.S.C. § 102. Novelty. –“A person shall be entitled to a patent unless - (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 …

10 Novelty 35 U.S.C. § 102. Novelty. –“A person shall be entitled to a patent unless - (e) the invention was described in a patent granted on an application for patent by another filed … before the invention … (f) he did not himself invent the subject matter …

11 Novelty 35 U.S.C. § 102. Novelty. –“A person shall be entitled to a patent unless - (g) before the applicant’s invention thereof the invention was made in this country by another who had not abandoned, suppressed, or concealed it ….”

12 Administrative Next Assignment –Read through IV.B.3 – Novelty


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