Selected Sections of Title 35, United States Code, Effective as of March 16, 2013

• Author: Ronald D. Slusky
• Pages: 355-358

APPENDIX D

Selected Sections of Title 35,

United States Code,

Effective as of March 16, 2013

Sec. 101. Inventions patentable

Whoever invents or discovers any new and useful process, machine, manufacture,

or composition of matter, or any new and useful improvement thereof, may

obtain a patent therefor, subject to the conditions and requirements of this title.

Sec. 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 invention; 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 application, 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

FILING 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 inventor 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 another who obtained

the subject matter disclosed directly or indirectly from the inventor or

a joint inventor.

(2) DISCLOSURES APPEARING IN APPLICATIONS AND PATENTS.—A

disclosure shall not be prior art to a claimed invention under subsection

(a)(2) if—

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