The Office also defined several novelty requirements for an invention to receive a patent and these are the following: (1) the invention should have to be new to the public, no other invention similar to it has been made previously, (2) the invention should not be released or described in an article or publication for more than a year prior to the filing date and (3) the invention is not used in public or offered sale to the public prior to the date of filing. For an invention to be granted a patent, it should not be exactly similar to prior art and must not be obvious to anyone else trained in the technical field of the innovation.
It prevents a person to have legal and exclusive rights of something that is already owned by other person. Meanwhile, the term that is primarily used in the field of patenting and which mainly denotes all information that has been revealed to the society before a given time (prior date) is referred to as prior art. Any information that has been disclosed before the prior date is not considered novel. The USPTO which stands for US Patent and Trademark Office is an agency of US Department of Commerce. The Office is responsible for examining and granting patents and for registering trademarks.
The Office examines thoroughly the applications for patents to determine if the applicants comply with the requirements and if they are entitled to patents under the law. Moreover, the Office advises and assists the bureaus and offices of the US Department of Commerce and other agencies of the government in matters regarding intellectual property. Meanwhile, the USPTO published the Manual of Patent Examining Procedure, the manual used by the patent attorneys and agents and patent examiners to make sure they follow the regulations made by the USPTO.
The manual offers constructive guidance to the public on how to present persuasive arguments to a patent examiner as to why a patent should be granted on a given patent application. It also presents all the laws and regulations that must be followed when filing a patent. The US Constitution grants Congress the control to ratify laws with regard to patents. Article I, section 8 states that the “Congress shall have power to promote the progress of science and useful arts, by securing for limited time to authors and inventors the exclusive right to their respective writings and discoveries”.
The Congress has the responsibility to perform various laws concerning patents and copyright. The statute on patent, which is codified in Title 35, United States Code (35 U. S. C. ) identifies several conditions for patenting as well as the patentable subject matter. 35 USC § 101 states that anyone who has new and useful invention is entitled to grant a patent. Under 35 USC § 102 provides the conditions for patentability with regard to novelty or newness. The statute states that if an invention lacks novelty or is prohibited by a statutory bar, the invention is considered not patentable.
Meanwhile, 35 USC § 103 provides that for an invention to be patentable the subject matter shall be non-obvious. 35 U. S. C. § 111 provides the requirements for patent application. The requirements shall comprise a written application, contents and fee and oath. Meanwhile, 35 USC § 112 provides the requirements of a patent specification. The statute determined three basic requirements and these are (1) a full, concise and clear written description of the invention, (2) the written description must allow a skilled person to make or use the invention without gratuitous testing and (3) a disclose on how the invention can be operated.