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An impermissible sale has occurred if there was a definite sale, or offer to sell, more than 1 year before the effective filing date of the U.S. application and the subject matter of the sale, or offer to sell, fully anticipated the claimed invention or would have rendered the claimed invention obvious by its addition to the prior art.
Prior art (also known as state of the art [1] or background art [2]) is a concept in patent law used to determine the patentability of an invention, in particular whether an invention meets the novelty and the inventive step or non-obviousness criteria for patentability.
The most important part of section 102 now reads as follows: [6] (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
SRI International, Inc. v. Internet Security Systems, Inc., 511 F.3d 1186 (Fed. Cir. 2008), [1] was a patent infringement case which determined whether technical documents placed on a company's FTP server could be considered prior art as defined by 35 U.S.C. § 102(b). [2]
Thus, in view of the grounds of opposition, and in view for instance of a prior art document introduced into the proceedings by the opponent, the proprietor may amend the patent, i.e. the description, claims, and drawings thereof, [28] although amendments may not be filed as of right at any stage during the opposition proceedings. [30]
Prior art must enable a person having ordinary skill in the art (PHOSITA) to make and use the invention. Coffin v. Ogden: 85 U.S. 120 1873 Patent Act of 1836 Anticipating invention or discovery must be complete and capable of working to invalidate a patent for lack of novelty, but the prior knowledge or use does not need to be public.
A prior art source may thus still anticipate if an apparently missing element of the claim is inherent in that prior art source. Procedurally, to rely on the doctrine of inherency, one must provide a basis in fact and/or technical reasoning supporting a determination that an allegedly inherent characteristic necessarily would be present if the ...
In United States patent law, "swearing back of a reference" is a process where an inventor, in certain circumstances, can get a US patent even though the invention became public before the inventor filed an original patent application.