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Understanding Intellectual Property Novelty Requirements

Dive into the essentials of intellectual property law with Prof. Ohm and guest lecturer Prof. Surden. Learn about the Novelty Requirement, existing inventions, public knowledge, and statutory bars. Discover the critical aspects of patentability, public knowledge sphere, and novelty policies in the patent system. Gain insights into the 35 U.S.C. 102(a) and 102(b) regulations, triggering activities for statutory bars, and key dates for patent filings. Enhance your understanding of intellectual property laws and protect your innovations effectively.

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Understanding Intellectual Property Novelty Requirements

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  1. Introduction to Intellectual Property Prof. Ohm Guest Lecturer Prof. Surden hsurden@colorado.edu Office: Room 427

  2. Class Overview • The Novelty Requirement • What is Novelty? • Public Sphere of Knowledge • 35 U.S.C. 102(a) • Rosaire • Statutory Bar • 35 U.S.C. 102(b) • In Re: Hall

  3. Requirements To Receive a Patent • An invention must be: • New (Novelty Requirement) • Non-Obvious • Useful (Utility Requirement) • Adequately Disclosed • Patentable Subject Matter

  4. Sphere of Public Knowledge NewInvention ExistingInvention ExistingInvention ExistingInvention

  5. Sphere of Public Knowledge NewInvention ExistingInvention ExistingInvention ExistingInvention

  6. Expanded Sphere of Public Knowledge ExistingInvention ExistingInvention NewInvention ExistingInvention

  7. Sphere of Public Knowledge ExistingInvention ExistingInvention ExistingInvention

  8. Novelty • Novelty Policy • Patent system does not want to “remove” information that is already in the public knowledge by granting exclusive rights to known technologies • “Public knowledge” policy is key to understanding novelty cases • If information is part of existing “public knowledge”, we want it to count as 102 prior art

  9. Novelty • 35 U.S.C. 102(a) • “A person shall be entitled to a patent unless - • (a) the invention • was known or used • by others • in this country, • Patented or described • in a printed publication • in this • or a foreign country

  10. Novelty • 35 U.S.C. 102(a) • “A person shall be entitled to a patent unless - • (a) the invention • was known or used • by others • in this country, • Patented or described • in a printed publication • in this • or a foreign country Printed Documents Use or knowledge Limited to the US Anywhere in the world

  11. Sphere of Public Knowledge NewInvention ExistingInvention ExistingInvention ExistingInvention

  12. Statutory Bars – 102(b) • “A person shall be entitled to a patent unless” • 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

  13. Statutory Bars – 102(b) • Triggering activities (prior art) • was patented or described in a printed publication anywhere in the world • in public use or on sale in the U.S.

  14. Statutory Bars – 102(b)Trigger View 1 Year Files Patent Application Date Jan 1, 2008 Invention Date Public Use Of Invention August 1, 2006 102(b) Trigger Deadline For Filing August 1, 2007

  15. Statutory Bars – 102(b) 1 Year Files Patent Application Date Jan 1, 2008 Invention Date Critical Date under 102(b) Jan 1, 2007 Application Date Minus 1 year

  16. Statutory Bars – 102(b)Critical Date View 1 Year Files Patent Application Date Jan 1, 2008 Invention Date Critical Date under 102(b) Jan 1, 2007 Application Date Minus 1 year Public Use Of Invention August 1, 2006 102(b) Trigger

  17. Hall 1 Year Files Patent Application Date Feb. 27, 1979 Invention Date Critical Date under 102(b) Feb 27, 1978 Application Date Minus 1 year Foldi Thesis Indexed 102(b) Trigger December 1977

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