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Patent Laws

TITLE 35 > PART II > CHAPTER 10 > Sec. 103.

Sec. 103. - Conditions for patentability; non-obvious subject matter


(a)

A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.

(b)

(1) Notwithstanding subsection (a), and upon timely election by the applicant for patent to proceed under this subsection, a biotechnological process using or resulting in a composition of matter that is novel under section 102 and nonobvious under subsection (a) of this section shall be considered nonobvious if -

(A) claims to the process and the composition of matter are contained in either the same application for patent or in separate applications having the same effective filing date; and
(B) the composition of matter, and the process at the time it was invented, were owned by the same person or subject to an obligation of assignment to the same person.

(2) A patent issued on a process under paragraph (1) -

(A) shall also contain the claims to the composition of matter used in or made by that process, or
(B) shall, if such composition of matter is claimed in another patent, be set to expire on the same date as such other patent, notwithstanding section 154.

(3) For purposes of paragraph (1), the term ''biotechnological process'' means -

(A) a process of genetically altering or otherwise inducing a single- or multi-celled organism to -

(i) express an exogenous nucleotide sequence,
(ii) inhibit, eliminate, augment, or alter expression of an endogenous nucleotide sequence, or
(iii) express a specific physiological characteristic not naturally associated with said organism;
(B) cell fusion procedures yielding a cell line that expresses a specific protein, such as a monoclonal antibody; and
(C) a method of using a product produced by a process defined by subparagraph (A) or (B), or a combination of subparagraphs (A) and (B).
(c)

Subject matter developed by another person, which qualifies as prior art only under one or more of subsections (e), (f), and (g) of section 102 of this title, shall not preclude patentability under this section where the subject matter and the claimed invention were, at the time the invention was made, owned by the same person or subject to an obligation of assignment to the same person



 

Learn more about Utility (aka non-provisional, regular, or ‘full’ ) patent protection of your functional innovation.

          Learn more about Utility (aka non-provisional, regular, or ‘full’ ) patent protection of your functional innovation.         

 

Also called a non-provisional, regular, or ‘full’ patent. Best quality, 20 year protection for useful structures, functions, compositions, & and methods.

Learn more about Utility (aka non-provisional, regular, or ‘full’ ) patent protection of your functional innovation.

 

Learn more about getting fast "Patent Pending" protection with provisional patent applications  (aka PPA and provisional patent).

 

 

 

 

Learn more about getting fast "Patent Pending" protection with provisional patent applications  (aka PPA and provisional patent).

 

 

When cost and speed is top priority. Our Low-cost service, assures a legally valid filing for effective, fast provisional "Patent Pending" status- giving you up to 1 year to file a corresponding Utility Patent Application.

 

 

Learn more about getting fast "Patent Pending" protection with provisional patent applications  (aka PPA and provisional patent).

Learn about our highly effective patent research practice conducted at the USPTO by former Expert patent Examiners.

Learn about our highly effective patent research practice conducted at the USPTO by former Expert patent Examiners.

 

Smart 1st step before investing much time and money, we research and opine on your idea’s likely patentability, to also help you better distinguish your innovation from prior solutions found.

 

Learn about our highly effective patent research practice conducted at the USPTO by former Expert patent Examiners.

Learn more about Design patent protection of your product’s form and artistic appearance.

 

Learn more about Design patent protection of your product’s form and artistic appearance.

 

Protects a product’s form and artistic appearance from being copied. Can complement the Utility patent protection when both form and function are unique. Great for product designers.

 

Learn more about Design patent protection of your product’s form and artistic appearance.

Learn more about our extensive expertise and capabilities for International PCT and foreign national stage patent filings.

Learn more about our extensive expertise and capabilities for International PCT and foreign national stage patent filings.

We have extensive experience and capabilities in all aspects of International PCT process and foreign national stage filings.  We have one of the most extensive foreign associate networks, covering all 170+ member countries of WIPO, and we guarantee to meet deadlines and be the most competitive on pricing for quality results.

Learn more about our extensive expertise and capabilities for International PCT and foreign national stage patent filings.

 

 

 

 

 

 

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Need help learning about and determining your company's IP options?  You may want to schedule a consultation with a Bay Area IP Professional to most efficiently and effectively assist you in making your next step, the right one.
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