Patent Laws
TITLE 35 > PART II > CHAPTER 10 > Sec. 102.
Sec. 102. - Conditions for patentability; novelty and loss of right to patent
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 [1] invention was described in -
an application for patent, published under section 122(b), by another filed in
the United States before the invention by the applicant for patent, except that
an international application filed under the treaty defined in section 351(a)
shall have the effect under this subsection of a national application published
under section 122(b) only if the international application designating the
United States was published under Article 21(2)(a) of such treaty in the English
language; or
a patent granted on an application for patent by another filed in the United
States before the invention by the applicant for patent, except that a patent
shall not be deemed filed in the United States for the purposes of this
subsection based on the filing of an international application filed under the
treaty defined in section 351(a); [2] or
(f)
he did not himself invent the subject matter sought to be patented, or
(g)
during the course of an interference conducted under section 135 or section 291,
another inventor involved therein establishes, to the extent permitted in
section 104, that before such person's invention thereof the invention was made
by such other inventor and not abandoned, suppressed, or concealed, or
before such person's invention thereof, the invention was made in this country
by another inventor who had not abandoned, suppressed, or concealed it. In
determining priority of invention under this subsection, 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
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[1] So in original. Probably should not be capitalized.
[2] So in original. The semicolon probably should be a comma.
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