35 USC Laws

What is it?

35 U.S.C. is a title of the United States Code which governs all US patent law.

Contents:

35 U.S.C. contains 37 chapters with 376 sections.

There are four parts of the title:

Part I–United States Patent and Trademark Office

Part II—Patentability of Inventions and Grant of Patents

Part III—Patents and Protection of Patent Rights

Part IV–Patent Cooperation Treaty

Part one of 35 U.S.C. establishes the United States Patent and Trademark Office (USPTO) and gives it the powers necessary to run the patent system for the USA.  Part two deals with patentability of inventions and the granting of patents.  Part two contains four main sections used in the patent bar exam: section 101 (What can be patented?), section 102 (Has it been done before?), section 103 (Is it obvious?) and section 112 (What form and content must be used?).  Part three addresses patent and protection of patent rights and deals mainly with activities after a patent has actually issued.  Finally part four is the patent cooperation treaty (PCT) which is an international treaty detailing how patent rights in one country are dealt with in another country.

Why is it important?

35 U.S.C. is tested heavily on the patent bar exam as it is the basis for the MPEP.  The important laws should be memorized (101102103112) if you want to pass the exam.  Also, a good reference for these laws is appendix L of the MPEP which lists all of the different 35 U.S.C. laws.

How to read cited U.S.C. Laws.

Related Study Blog Posts

1.2 - Summary of 35 U.S.C

What is it?

35 U.S.C. is a title of the United States Code which governs all US patent law.  This text is created by the U.S. government and is a type of “living text” in that it is changed when new laws are made regarding patent law.  An...Read More »


2.1 - 35 U.S.C. § 101

“Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefore, subject to the conditions and requirements of this title.”

As previously mentioned in the section 2.0, 35 U.S.C. § 101...Read More »


2.2 - 35 U.S.C. § 102

35 U.S.C. § 102 – Anticipation

Subsection 102 of 35 U.S.C. contains 7 sub rules which deal with anticipation rejections.  A rejection is anticipation when it relies on prior art to prove it is not novel and it has been done before.  Some of the 102...Read More »


2.3 - 35 U.S.C. § 102(a)

“A person shall be entitled to a patent unless the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent.”

There are a lot of...Read More »


2.4 - 35 U.S.C. § 102(b)

“A person shall be entitled to a patent unless the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the...Read More »

2.5 - 35 U.S.C. § 102(c)

 

“A person shall be entitled to a patent unless he has abandoned the invention.”

35 U.S.C. § 102(c) is very straight forward and simple.  Basically a person can obtain a patent on an invention conditional on the fact that the invention is not abandoned.  The...Read More »


2.6 - 35 U.S.C. § 102(d)

“A person shall be entitled to a patent unless the invention was first patented or caused to be patented, or was the subject of an inventor’s certificate, by the applicant or his legal representatives or assigns in a foreign country prior to the date of...Read More »

2.7 - 35 U.S.C. § 102(e)

 

“A person shall be entitled to a patent unless the invention was described in (1) an application for patent, published under section 122(b), by another filed in the United States before the inven­tion by the applicant for patent or (2) a patent granted on an...Read More »

2.8 - 35 U.S.C. § 102(f)

 

“A person shall be entitled to a patent unless he did not himself invent the subject matter sought to be patented.”

This is pretty simple, the inventor on the application must be the true inventor of the application.

To overcome a 35 U.S.C. § 102(f) rejection one can...Read More »


2.9 - 35 U.S.C. § 102(g)

 

“A person shall be entitled to a patent unless (1) during the course of an interference conducted under section 135 or section 291, another inventor involved therein establishes, to the extent permitted in section 104, that before such person’s invention thereof the invention was...Read More »

2.10 - 35 U.S.C. § 103

Subsection 103 of 35 U.S.C. contains 3 important paragraphs which are used in patent law.  A rejection based on 35 U.S.C. is an obviousness type rejection and not anticipation as in 35 U.S.C. 102.  An obviousness type rejection does not have to have prior art...Read More »


2.11 - 35 U.S.C. § 103 1st Paragraph

 

“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...Read More »

2.12 - 35 U.S.C. § 103 2nd Paragraph

“(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...Read More »

2.13 - 35 U.S.C. § 103 3rd Paragraph

 

“(1) 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,...Read More »

2.14 - 35 U.S.C. § 112

Section 112 of 35 U.S.C. contains the disclosure requirements for patent applications.  Of this section there are three major paragraphs: the first, second and sixth paragraph.

The first paragraph deals with the written description of the invention and how it is to be communicated to...Read More »


2.15 - 35 U.S.C. § 112 1st Paragraph

“The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such a full clear, concise, and exact terms so to enable any person skilled in the art to which...Read More »

2.16 - 35 U.S.C. § 112 2nd Paragraph

“The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.”

Basically in the application the applicant must use claims to define what was invented.  These...Read More »


2.17 - 35 U.S.C. § 112 6th Paragraph

“An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the...Read More »

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