Title 35 of the U.S. Code (the Patent Act of 1952)

THE CONSTITUTIONAL PROVISION ART. 1, sEc. 8. The Congress shall have power... To pro- mote the progress of science and useful arts, by securing for limited times to authors and incators the exclusive right to their respective writings and discoveries. United States Code Title 35 § 100. Definitions When used in this title unless the context otherwise indicates— (a) The term "invention" means invention or discovery. (c) The terms "United States" and "this country" mean the United States or Anthe is eriteries in lodes not only the patentee to whom the patent was issued but also the successors in title to the patentee. § 101. Inventions patentable Whoever invents or discovers any hew and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and require- ments of this title. § 102. Conditions for patentability; noveity and loss of right to patent A person shali be entitled to a patent uniess- (a) 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, or (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 tie United States, or (c) he has abandoned the invention, or (d) 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 representa- tives or assigns in a toreign country prior to the date of the application for patent in this country on an application for patent or inventor's certificate filed more than twelve months before the filing of the application in the United States, or (e) the invention was described in a patent granted on an application for patent by another filed in the United States before the invention thereof by the applicant for patent, or on an international application by another who has fulfilled the requirements of paragraphs (1), (2), and (4) of sectioni 371(c) of this title before the invention thereof by the applicant for patent, or (D 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 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. § 103. Conditions for patentability; non-obvious subject matter (a) 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. Patentability shall not be negatived by the manner in which the invention was made. § 112. Specification The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. 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. A claim may be written in independent or, if the nature of the case admits, in dependent or multiple dependent form. Subject to the following paragraph, a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. A claim in multiple dependent form shall contain a reference, in the alternative only, to more than one claim previously set forth and then specify a further limitation of the subject matter claimed. A multipie dependent claim shall not serve as a basis for any other multiple dependent claim. A multiple dependent claim shall be construed to incorporate by reference all the limitations of the particular claim in relation to which it is being considered. 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 shalf be construed to cover the corresponding structure, material, or acts described in the specils- cation and equivalents thereof. § 151. Contents and term of patent (a) In general.- (1) Contents.-Every palent shall contain a short title of the invention and a grant to the palentee, his heirs or assigns, of the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States, and, if the invention is a process, of the rigint to exclude others from using, offering for sale or selling throughout the Uniled States, or importing into the United States, products made by that process, referring to the specificalion for the particulars thereof. (2) Term.-Subject to the payment of fees wuer this title, such grant shall be for a term beginning on the date on which the patent issues and ending 20 years from the date on which the application for the patent was filed in the Uniled States or, if the application contains a specific reference to an earlier filed application or applications under section 120, 121, or 365(c) of this title, from the date on which the carliest such application was filed. § 271. Infringement of patent (a) Except as otherwise provided in this titie, whoever without authorly makes, uses or sells any patented invention, within the United States during the term of the patent therefor, infringes the patent. (b) Whoever actively induces infringement of a patent shall be liable as an infringer. (c) Whoever sells a component of a patented machine, manufaclure, combination or composition, or a material or apparatus for use in practicing a palented process, constituting a material part of the Invention, knowing the same to be especially made or especially adapted for use in an infringement of such patent, and not a staple article or commodity of commerce suitable for substantial noninfringing use, shall be llable as a contributory infringer. Amendment of Section Pub.L. 109-465, Title V, $$ 533ía), 534, Dec. 8, 1994, 108 Stat, 4988, 4990, provided that, with certain exceptions, to take eject on the date trut is one year afer the dale on which the WTO Agreement enters into force with respect to the United States, Ucis section is amended (1) in subsection (a)- (A) by inserting " offers do sell," uter "uses", and! (B) by inserting "or imports into the United States any patonted inven tion" after "the United States", (2) in subsection ic), by striking "sells" and inserting "offers to solf or selle within the Unilad Stalas or importo into le Uniled Slatan'.