Lecture 05 - Novelty 1
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- Опубліковано 22 лип 2024
- This lecture covers the basics of the "novelty" requirement of § 102 of the Patent Law. It includes a look at how the requirement has changed (and how it hasn't) as a result of the America Invents Act of 2011.
Geat lecture thank you
Case reading: Atlas Powder
If something is described in a printed publication but isn't patented, then no one can patent it except for the author?
I think its in the public domain ... and they would have to patent what's in the publication within one year.
If a patent document has been stolen in a burglary, and the thief uses it or makes it public, can the original inventor still patent it?
good question. Although unfair to the inventor, I don't think the inventor can patent it since he has nothing to exchange for a patent right (make it public)
Yes. In the case of theft from the inventor where the thief makes the invention public, we treat it the same as if it’s the inventors disclosure. In post-AIA that would trigger the 1 year grace period
Can you please fix the audio on this.