US Code as of: 01/26/98
Sec. 102. Conditions for patentability; novelty and loss of right
to patent
A person shall be entitled to a patent unless -
- (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 the 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 representatives or assigns in a foreign 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 section 371(c) of
this title 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 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.