is existing technique in recorded form (knowledge) within the US
can be any --
product --
in public use or for sale occuring more than one year prior to filing date of patent application pending
publicly known or used by others prior to invention of alleged new product
built or made by another person prior to invention of alleged new product
prior patent issued --
more than one year prior to the filing date
any time prior to invention of the alleged new product
prior publication having a publication date --
more than one year prior to the filing date
any time prior to invention of the alleged new product
US patent issued that has a filing date prior to invention of the alleged new product
can be --
useful invention patent --
protects unique, new object of invention
issuer is a sovereign authority
design patent --
protects decorative designs upon invention
claim --
is a filing for patent
defines the scope of the product of invention
"first to invent" status --
assigns superior rights to inventor
term --
20 years for patents issued after 7-June-1995
pendancy --
is the time slice known as "patent pending" between filing and approval
does not protect against infringement unless a patent issuance occurs
is the state of what the authority requires for a new product
must have --
usefuleness --
a purpose
do work
novelty --
differs in a way from prior art
non-obviousness --
that status decreed by those working within the field of the product who state the product is "unexpected and suprising"
can include status of --
commercial success
failure of previous attempts at invention by others
received praise
overcoming the claim by others "it can't be done"
is providing proof using a prototype that the product of invention works as intended
produces a physical embodiment
is application of filing for a provisional patent
provides --
proof for filing date
one year to perform discovery against prior art relevancy
must have description that explains how to make and to use to product of invention
can have supporting drawing pictures
protects expression contained within --
writing
software
musical composition
ornamental design, e.g.,
fabric pattern
furniture legs
does not --
protect functional objects
require registration
protects right to exclusive use of --
name
symbol
packaging design
comes into existence as soon as commerce occurs
does not require registration