35 U.S.C §101 describes patentable inventions and 35 U.S.C §102 describes conditions for patentability. All patent applications put forward at the United States Patent and Trademark Office (USPTO) experiences thorough validation procedure in order to proceed a patent application for grant.
35 U.S.C. § 101: Requirements
- “A” patent – means only one patent granted for each invention.
- “Useful” – the invention must have a specific, substantial, and credible utility.
- “Process, Machine, Manufacture, Composition of Matter”.
- “Whoever invents or discovers”
35 U.S.C. § 102: Requirements
- 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.
Patent litigation is known to be a complex process and necessitates appropriate evidence to challenge the patent. Especially for US patent litigation, uncovering prior art as specified in 35USC 101 and 35USC 102 is essential. Prometheus IP has a record of successfully identifying 101 & 102 prior art.