"35 USC 102(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"
102(a) defines that US is a first to invent country and you are not going to get a patent if your invention was known (in written form usually) or used by others (practiced) by others in USA before date of invention, and if it was patented or was described in printed publication by others in any country than also you are not going to patent.
There are some keywords like 'Others' which means other than inventor himself. If inventor himself has published or practices he might still get a patent but it was done by others than he is not going to get a patent. Keyword 'in this country' means that that if the patent was being used in any country other than USA then he might still be able to get a patent. Keyword 'printed publication in this or foreign country' means that if the invention was patented or was described in printed publication (no language bar is there so publication can be of any language) he is out of luck. The keyword 'public' means that the publication should be available to public if the publication was maintained as confidential within a company its not public but if the publication was published in a magazine in some obscure magazine in place like China in chinese language its public. Keyword "before the invention" means the date which inventor can prove he actually invented the invention and it could be before earliest filing date (if inventor can prove it with some written records).
"35 USC 102(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"
102(b) is the description of the one-year grace period in USA. This is a one year statutory bar and it says that if the invention was either patented or was described in printed publication in anywhere in world (even by the inventor) more than one year before your application date then you are barred from getting a patent, and if it was being sold or in public use (even by inventor) in USA more than one year before the application date you are barred. There is a significant difference between 102(a) and 102(b) as 102(a) talks about date of invention and 102(b) talks about date of application (provisional OR non-provisional application).
The keyword "public sale" means either it was accessible to public or was commercially exploit. Keyword "on sale" generally refers to the subject of a commercial offer for sale not primarily for experiments or is ready for patenting.
"35 USC 102(c) HE HAS ABANDONED THE INVENTION"
inventor wants to abandon patent.
"35 USC 102(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"
First - if inventor or someone who represents inventor has filed a foreign application on his invention more than 12 months before your effective U.S. filing date.
Second - the foreign patent application have been filed by the same applicant as in the United States.
Third - foreign patent has been granted before the U.S. filing date, need not be published.
Fourth - and the same invention was involved.
102(d) defines the statutory bar for the inventors filing in US claiming foreign priority. Its a statutory bar like 102(b) but if inventor did not filed application in foreign country first he need not to worry about this law.
"35 USC 102(e) THE INVENTION WAS DESCRIBED IN (1) AN APPLICATION FOR PATENT, PUBLISHED UNDER SECTION 122 (B), BY ANOTHER FILED IN THE UNITED STATES BEFORE THE INVENTION BY THE APPLICANT FOR PATENT OR (2) 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 AN INTERNATIONAL APPLICATION FILED UNDER THE TREATY DEFINED IN SECTION 351 (A) SHALL HAVE THE EFFECTS FOR THE PURPOSES OF THIS SUBSECTION OF AN APPLICATION FILED IN THE UNITED STATES ONLY IF THE INTERNATIONAL APPLICATION DESIGNATED THE UNITED STATES AND WAS PUBLISHED UNDER ARTICLE 21(2) OF SUCH TREATY IN THE ENGLISH LANGUAGE; [1] OR"
This clause is sometimes referred as the submarine provision. as it refers to prior art which are pending US patent applications that, when they are published or patented, suddenly become prior art as of their effective filing date.
So inventor is entitled to get a patent unless.... there is an unpublished patent that inventor could not possibly know about lurking under the surface, as under Section 122(b) patent application are maintained in secret by the patent office for 18 months after their priority date.
You should also know about the HILMER DOCTRINE to further understand the cases involving foreign priority and their effective filing date.
For 102(e) 2 if the patent was first filed as the wipe application before coming to US after 29 nov 2000, and the application is written in english with designated state as USA then the effective filing date is same as their respective WIPO filing date.
"102(f) HE DID NOT HIMSELF INVENT THE SUBJECT MATTER SOUGHT TO BE PATENTED, or"
35 USC 102(f) says that if an applicant derived his invention from someone else he is not the inventor.
"35 USC 102(g) (1) 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 (2) 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."
35 USC 102(g) is basis of interference practice in the USPTO, and it says that date of invention can be extended if an inventor could prove the due diligence.
102(a) defines that US is a first to invent country and you are not going to get a patent if your invention was known (in written form usually) or used by others (practiced) by others in USA before date of invention, and if it was patented or was described in printed publication by others in any country than also you are not going to patent.
There are some keywords like 'Others' which means other than inventor himself. If inventor himself has published or practices he might still get a patent but it was done by others than he is not going to get a patent. Keyword 'in this country' means that that if the patent was being used in any country other than USA then he might still be able to get a patent. Keyword 'printed publication in this or foreign country' means that if the invention was patented or was described in printed publication (no language bar is there so publication can be of any language) he is out of luck. The keyword 'public' means that the publication should be available to public if the publication was maintained as confidential within a company its not public but if the publication was published in a magazine in some obscure magazine in place like China in chinese language its public. Keyword "before the invention" means the date which inventor can prove he actually invented the invention and it could be before earliest filing date (if inventor can prove it with some written records).
"35 USC 102(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"
102(b) is the description of the one-year grace period in USA. This is a one year statutory bar and it says that if the invention was either patented or was described in printed publication in anywhere in world (even by the inventor) more than one year before your application date then you are barred from getting a patent, and if it was being sold or in public use (even by inventor) in USA more than one year before the application date you are barred. There is a significant difference between 102(a) and 102(b) as 102(a) talks about date of invention and 102(b) talks about date of application (provisional OR non-provisional application).
The keyword "public sale" means either it was accessible to public or was commercially exploit. Keyword "on sale" generally refers to the subject of a commercial offer for sale not primarily for experiments or is ready for patenting.
"35 USC 102(c) HE HAS ABANDONED THE INVENTION"
inventor wants to abandon patent.
"35 USC 102(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"
First - if inventor or someone who represents inventor has filed a foreign application on his invention more than 12 months before your effective U.S. filing date.
Second - the foreign patent application have been filed by the same applicant as in the United States.
Third - foreign patent has been granted before the U.S. filing date, need not be published.
Fourth - and the same invention was involved.
102(d) defines the statutory bar for the inventors filing in US claiming foreign priority. Its a statutory bar like 102(b) but if inventor did not filed application in foreign country first he need not to worry about this law.
"35 USC 102(e) THE INVENTION WAS DESCRIBED IN (1) AN APPLICATION FOR PATENT, PUBLISHED UNDER SECTION 122 (B), BY ANOTHER FILED IN THE UNITED STATES BEFORE THE INVENTION BY THE APPLICANT FOR PATENT OR (2) 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 AN INTERNATIONAL APPLICATION FILED UNDER THE TREATY DEFINED IN SECTION 351 (A) SHALL HAVE THE EFFECTS FOR THE PURPOSES OF THIS SUBSECTION OF AN APPLICATION FILED IN THE UNITED STATES ONLY IF THE INTERNATIONAL APPLICATION DESIGNATED THE UNITED STATES AND WAS PUBLISHED UNDER ARTICLE 21(2) OF SUCH TREATY IN THE ENGLISH LANGUAGE; [1] OR"
This clause is sometimes referred as the submarine provision. as it refers to prior art which are pending US patent applications that, when they are published or patented, suddenly become prior art as of their effective filing date.
So inventor is entitled to get a patent unless.... there is an unpublished patent that inventor could not possibly know about lurking under the surface, as under Section 122(b) patent application are maintained in secret by the patent office for 18 months after their priority date.
You should also know about the HILMER DOCTRINE to further understand the cases involving foreign priority and their effective filing date.
For 102(e) 2 if the patent was first filed as the wipe application before coming to US after 29 nov 2000, and the application is written in english with designated state as USA then the effective filing date is same as their respective WIPO filing date.
"102(f) HE DID NOT HIMSELF INVENT THE SUBJECT MATTER SOUGHT TO BE PATENTED, or"
35 USC 102(f) says that if an applicant derived his invention from someone else he is not the inventor.
"35 USC 102(g) (1) 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 (2) 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."
35 USC 102(g) is basis of interference practice in the USPTO, and it says that date of invention can be extended if an inventor could prove the due diligence.
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