35 USC 102(b)(2): Overview
“A disclosure in a U.S. patent, U.S. patent application publications, or WIPO-published applications by someone who obtained the subject matter directly or indirectly from the inventor or joint inventor would not be considered prior art.
35 USC 102(b)(2)
- Describes the exceptions to prior art defined in 35 102(a)(2)
- REMEMBER: 35 USC 102(b)(2) exceptions discussed here refer to 35 USC 102(a)(2):
- U.S. patents
- U.S. patent application publications
- WIPO-published applications
- REMEMBER: 35 USC 102(b)(2) exceptions discussed here refer to 35 USC 102(a)(2):
filed before the effective filing date of the claimed invention but not issued or published until after the effective filing date of the claimed invention that might be used as prior art
“a disclosure in a U.S. patent, U.S. patent application publications, or WIPO-published applications shall not be prior art to the claimed invention under 35 USC 102(a)(2) if:
- the subject matter was obtained directly or indirectly from the inventor or a joint inventor
- the subject matter disclosed had, before such subject matter was effectively filed under subsection (a)(2), been publically disclosed by the inventor or a joint inventor or another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor
- the subject matter disclosed and the claimed invention, not later than the effective filing date of the claimed invention, were owned by the same person or subject to an obligation of assignment to the same person: