Patent Novelty

• Author: Arti Kane
• Pages: 3-6

3

Patent Novelty

35 U.S.C. § 102—CONDITIONS

FOR PATENTABILITY; NOVELTY

(a) Novelty; Prior Art.—A person shall be entitled to a patent

unless—

(1) the claimed invention was patented, described in a printed

publication, or in public use, on sale, or otherwise available to

the public before the effective filing date of the claimed inven-

tion; or

(2) the claimed invention was described in a patent issued under

Section 151, or in an application for patent published or deemed

published under Section 122(b), in which the patent or appli-

cation, as the case may be, names another inventor and was

effectively filed before the effective filing date of the claimed

invention.

(b) Exceptions.—

(1) Disclosures made 1 year or less before the effective fil-

ing date of the claimed invention.—A disclosure made 1 year

or less before the effective filing date of a claimed invention

shall not be prior art to the claimed invention under subsection

(a)(1) if—

(A) the disclosure was made by the inventor or joint inven-

tor or by another who obtained the subject matter disclosed

directly or indirectly from the inventor or a joint inventor; or

(B) the subject matter disclosed had, before such disclosure,

been publicly disclosed by the inventor or a joint inventor or

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