How can an applicant show possession of the claimed invention?

According to MPEP 2163.02, an applicant can show possession of the claimed invention in several ways: Describing the claimed invention with all of its limitations using words, structures, figures, diagrams, and formulas Description of an actual reduction to practice Showing that the invention was “ready for patenting” through disclosure of drawings or structural chemical formulas…

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Does the AIA 35 U.S.C. 102(b)(2)(B) exception require a comparison with the claimed invention?

No, the AIA 35 U.S.C. 102(b)(2)(B) exception does not require a comparison with the claimed invention. The MPEP clearly states: “AIA 35 U.S.C. 102(b)(2)(B) does not discuss ‘the claimed invention’ with respect to either the subject matter disclosed by the inventor or a joint inventor, or the subject matter of the subsequent intervening U.S. patent…

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How does AIA 35 U.S.C. 103 differ in terminology from pre-AIA 35 U.S.C. 103?

AIA 35 U.S.C. 103 uses slightly different terminology compared to pre-AIA 35 U.S.C. 103, but this change does not affect the approach to determining obviousness. The MPEP states: “AIA 35 U.S.C. 103 requires consideration of ‘the differences between the claimed invention and the prior art,’ while pre-AIA 35 U.S.C. 103 refers to ‘the differences between…

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What is a ‘claimed invention’ in patent law?

The term ‘claimed invention’ is defined in 35 U.S.C. 100(j) as follows: The term “claimed invention” means the subject matter defined by a claim in a patent or an application for a patent. This definition emphasizes that the ‘claimed invention’ refers specifically to the subject matter that is described and defined in the claims of…

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