Patent Law—Novelty

An invention is not new, that is, it is _____ if the invention is disclosed in the prior art.

• anticipated
• novel

• patentable

• original

Answer explanation

See 2 Chisum on Patents § 3.01 (2022).

Similarity or identity such as will negate novelty and constitute anticipation is determined by reference to the language of the _____ of the patent or application.

• abstract

• title

• claim

• introduction

Answer explanation

See 2 Chisum on Patents § 3.02 (2022).

The AIA-revised Section 102 became applicable to patents and applications with claims filed on or after _____.

• February 3, 2011

• March 16, 2013

• October 5, 1952

• April 5, 1975

An anticipating prior use must be accessible to the public. A use under conditions of _____ is not sufficient. However, the prior user need not have taken affirmative steps to publicize the product or process used.

• commercialization

• exclusivity

• anonymity

• secrecy

Answer explanation

See 2 Chisum on Patents § 3.05 (2022).

A general rule in patent law is that the date of invention of the applicant or patentee for purposes of novelty and anticipation is presumed to be the date she _____ a complete patent application in the Patent and Trademark Office disclosing the invention.

Answer explanation

See 2 Chisum on Patents § 3.08 (2022). The applicant or patentee may avoid anticipation under some circumstances by establishing a pre-filing date of invention.

Public use or sale, patenting, or publication one year prior to the filing date bar a patent regardless of the _____.

• number of inventors

• purpose of the invention

• date of the invention

• location of the invention

Answer explanation

See 2 Chisum on Patents § 3.08 (2022).