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35 U.S.C. § 102

Conditions for patentability; novelty

United States · Title 35 — PATENTS · Status: effective

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35 U.S.C. § 102, Conditions for patentability; novelty, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/470807
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A person shall be entitled to a patent unless— A disclosure made 1 year or less before the effective filing date of a claimed invention shall not be prior art to the claimed invention under subsection (a)(1) if— A disclosure shall not be prior art to a claimed invention under subsection (a)(2) if— Subject matter disclosed and a claimed invention shall be deemed to have been owned by the same person or subject to an obligation of assignment to the same person in applying the provisions of subsection (b)(2)(C) if— For purposes of determining whether a patent or application for patent is prior art to a claimed invention under subsection (a)(2), such patent or application shall be considered to have been effectively filed, with respect to any subject matter described in the patent or application—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.

  • Amended byPub. L. 94-131(S. 24)1975-11-14
    A bill to carry into effect certain provisions of the Patent Cooperation Treaty, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 106-113(H.R. 3194)1999-11-29
    Consolidated Appropriations Act, 2000
  • Amended byPub. L. 107-273(H.R. 2215)2002-11-02
    21st Century Department of Justice Appropriations Authorization Act
    House: 400–4Senate: no recorded tally
  • Amended byPub. L. 112-29(H.R. 1249)2011-09-16
    Leahy-Smith America Invents Act
  • Amended byPub. L. 112-211(S. 3486)2012-12-18
    Patent Law Treaties Implementation Act of 2012
    House: no recorded tallySenate: no recorded tally