Prior Art: Public Use, On Sale, Knowledge, and Availability Flowcharts | Practical Law

Prior Art: Public Use, On Sale, Knowledge, and Availability Flowcharts | Practical Law

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Prior Art: Public Use, On Sale, Knowledge, and Availability Flowcharts

Practical Law Checklist w-018-8612 (Approx. 5 pages)

Prior Art: Public Use, On Sale, Knowledge, and Availability Flowcharts

by Practical Law Intellectual Property & Technology
MaintainedUSA (National/Federal)
Flowcharts to aid counsel in determining whether certain activities qualify as prior art to a claimed invention under Section 102 of the Patent Act, under either pre-Leahy-Smith America Invents Act (AIA) or current AIA law. They address whether certain categories of activities, such as public use, sale, or public availability, qualify as prior art. They do not address other types of prior art, such as published documents, including US and foreign patents and published applications, PCT publications, and non-patent publications.