35 USC 102(a)(2) Review
35 USC 102(a) outlines the reasons for why a claimed invention might be denied patent protection based on novelty
What is Prior Art:
- A published U.S. patent
- A published U.S. patent application
- A published PCT application designating the U.S. could be considered as prior art
- A Published document or patent or application WILL BE prior art against a claimed invention if they name another inventive entity
- A Published document/article have an effective filing date prior to the effective filing date of the claimed invention
REMEMBER: The USPTO uses prior art as evidence to determine if a claimed invention is ineligible for a patent
Three types of patent documents
- U.S. patents
- U.S. patent application publications
- Patent Cooperative Treaty (or WIPO-published) applications