Section 102 timing hypos

35 U.S.C. § 102 – Conditions for patentability; novelty

(a) Novelty; Prior Art.—A person shall be entitled to a patent unless—

(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention; or

….

(b) Exceptions.—

(1) Disclosures made 1 year or less before the effective filing date of the claimed invention.—A disclosure made 1 year or less before the effective filing date of a claimed invention shall not be prior art to the claimed invention under subsection (a)(1) if—

(A) the disclosure was made by the inventor or joint inventor or by another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor; or

(B) the subject matter disclosed had, before such disclosure, been publicly 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.

Facts: Assume both X and Y independently create the same invention.

Hypos: Answer the following hypos based on the statutory text (answers provided in class):

  1. X discloses >>> 2 years later X files.
  2. X discloses >>> 6 months after Xs’ disclosure X files
  3. Y discloses >>> 6 months after Y’s disclosure X files
  4. Y discloses >>> 1 week later X discloses >>> 6 months after Y’s disclosure X files
  5. X discloses >>> 1 week later Y discloses >>> 6 months after X’s disclosure X files

Posted June 20, 2017