Patent Novelty Statute

Reproduced below is the Patent Novelty Statute, 35 U.S.C. 102 as amended by the America Invents Act. It is also available at uspto.gov.

(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 Continue reading Patent Novelty Statute

Don’t Lose the Race to the Patent Office

Warning

Louisiana inventors and business owners should understand the basics of the new patent law following the Leahy Smith America Invents Act. One of the most important aspects of the new patent law is how the Patent Office will be judging patent applications to determine if an invention is “new.” Continue reading Don’t Lose the Race to the Patent Office

Patent Applications without a Lawyer?

LawInventors have the right to prepare and file a patent application without the assistance of a patent lawyer. Inventors have always had this right, referred to as prosecuting a patent pro se, which is described in the Code of Federal Regulations (37 CFR 1.31) and in the Manual of Patent Examination Procedure (section 401). Well-funded organizations rarely seek patent protection without the assistance of a lawyer. Continue reading Patent Applications without a Lawyer?