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Author Topic: New U.S. Patent Law - September 2011  (Read 622 times)

smcclure

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New U.S. Patent Law - September 2011
« on: 09-20-11 at 10:20 am »

I have a question regarding earlier-filed but later-published applications.

According to the new U.S. Patent Law signed September 16, 2011, the contents of an earlier filed but later published application (including a PCT application designating the US) will be a bar to patenting for lack of novelty AND obviousness as of its priority date. 

I am familiar with the novelty requirement regarding earlier-filed (but not public) applications, but is the obviousness requirement definitely also there??

Thank you,

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