Cooperative Research and Technology Enhancement (CREATE) Act of 2003: Hearing Before the Subcommittee on Courts, the Internet, and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Eighth Congress, First Session, on H.R. 2391, June 10, 2003, 4. sējumsU.S. Government Printing Office, 2003 - 59 lappuses |
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1984 amendments abandoned Adjuvant Antigen A/Adjuvant Bass Bayh-Dole Act BERMAN biotech Chairman CHISUM claimed invention co-inventors collaboration requirement collaborations among scientists collaborative research common ownership communication Company concerns Congress Cooperative Research CREATE Act derivation disclosure enacted England Braiding European Patent Convention Federal Circuit filing a patent filing date Gambro industry initial discovery institutions intellectual property invention obvious inventions arising inventive entity inventors inventorship issue joint invention Kushan LAMAR SMITH legislation licensing ment named inventor nonobviousness obligation of assignment obviousness analysis obviousness rejection OddzOn decision OddzOn Products ordinary skill party Patent Act patent application patent law Patent Law Amendments patent system Pharmaceuticals potential prior art section provides qualifies as prior reduction to practice research collaboration safe harbor second application section 102 Soderstrom Steffe Subcommittee subject matter sought supra note team research Thank tion Triangle Pharmaceuticals Vion Pharmaceuticals WARF Yale
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12. lappuse - 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 as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains.
23. lappuse - ... before the applicant's invention thereof the invention was made in this country by another who had not abandoned, suppressed, or concealed it. In determining priority of invention there shall be considered not only the respective dates of conception and reduction to practice of the invention, but also the reasonable diligence of one who was first to conceive and last to reduce to practice, from a time prior to conception by the other.
22. lappuse - It is therefore the formation in the mind of the inventor of a definite and permanent idea of the complete and operative invention as it is thereafter to be applied in practice that constitutes an available conception within the meaning of the patent law.
43. lappuse - States before the invention thereof by the applicant for patent, or <f ) he did not himself invent the subject matter sought to be patented, or (g) before the applicant's invention thereof the invention was made in this country by another who had not abandoned, suppressed, or concealed it. In determining priority of invention...
15. lappuse - In the absence of any agreement to the contrary, each of the joint owners of a patent may make, use, offer to sell, or sell the patented invention within the United States, or import the patented invention into the United States, without the consent of and without accounting to the other owners.
19. lappuse - When an invention is made by two or more persons jointly, they shall apply for patent jointly and each make the required oath, except as otherwise provided in this title. Inventors may apply for a patent jointly even though (1) they did not physically work together or at the same time, (2) each did not make the same type or amount of contribution, or (3) each did not make a contribution to the subject matter of every claim of the patent.
41. lappuse - ... (b) 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 application for patent in the United States...
25. lappuse - Subject matter developed by another person, which qualifies as prior art only under subsection (f) or (g) of section 102 of this title, shall not preclude patentability under this section where the subject matter and the claimed invention were, at the time the invention was made, owned by the same person or subject to an obligation of assignment to the same person.
18. lappuse - A person shall be entitled to a patent unless the invention was described in an application for patent, published under section 122(b), by another filed in the United States before the invention by the applicant for patent...
19. lappuse - An application for patent for an invention disclosed in the manner provided by the first paragraph of Section 112 of this title in...