How is the term ‘invention’ defined in patent law?
The term ‘invention’ is defined in 35 U.S.C. 100(a) as follows: The term “invention” means invention or discovery. This definition is broad and encompasses both new creations and discoveries of previously unknown phenomena or properties. It’s important to note that while the term includes discoveries, not all discoveries are patentable. The invention must still meet…
Read MoreWhat is the definition of ‘process’ in patent law?
The term ‘process’ is defined in 35 U.S.C. 100(b) as follows: The term “process” means process, art, or method, and includes a new use of a known process, machine, manufacture, composition of matter, or material. This definition is broad and encompasses various types of procedures or methods. Importantly, it also includes new uses of known…
Read MoreHow does the AIA define ‘disclosure’ in the context of prior art?
The AIA does not explicitly define the term ‘disclosure’. However, the MPEP provides guidance on how the USPTO interprets this term in the context of prior art exceptions. According to the MPEP: The Office is treating the term ‘disclosure’ as a generic expression intended to encompass the documents and activities enumerated in 35 U.S.C. 102(a)…
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