35 USC 102(b)(2): Summary
I) If an inventor files for a patent, the following documents:
- U.S. patent
- Published U.S. patent application
- Published WIPO application
- Patent that discloses the subject matter of the claimed invention
Can and WILL NOT be used as prior art if the subject matter was gained directly or indirectly from the inventor.
- Why Not: It was already disclosed by the inventor
II) Disclosures were made within one year of the claimed invention’s effective filing date
III) If the subject matter disclosed and the claimed invention are owned
- OR under obligation of assignment to the same person prior to the effective filing date
Patents or applications containing the disclosure WILL NOT be considered as prior art against the claimed invention