Title 35 of the United States Code is a title of United States Code regarding patent law.
- Part I--United States Patent and Trademark Office
- Part II--Patentability of Inventions and Grant of Patents
- Part III--Patents and Protection of Patent Rights
- Part IV--Patent Cooperation Treaty
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Section 102
35 U.S.C. § 102, entitled "Conditions for Patentability," describes some of the conditions when a patent should not be granted to an inventor based on the concept of novelty. These conditions generally relate to when an invention is already known publicly. Each subsection of section 102 describes a different kind of prior art which can be used as evidence that an invention is already public. This includes inventions that have already been described in other patent applications or publications. It also includes inventions that have been on sale for more than a year before a patent application was filed. Netscape Commc'ns Corp. v. Konrad is an example of a case that focuses on the public use and on-sale criteria of this section.
Section 103
35 U.S.C. § 103 describes the condition of patentability referred to as non-obviousness. This provides that a patentable invention must not have been obvious to a "person having ordinary skill in the art" in view of the appropriate prior art. The full text of this section of the statute can be found at the USPTO [1]
See also
External links
Works related to United States Code/Title 35 at Wikisource- U.S. Code Title 35, via United States Government Printing Office
- U.S. Code Title 35, via Cornell University
- U.S. Code Title 35, section 102, via BitLaw
- Title 35 rendered in verse
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