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Bars to Patentability

Bars to Patentability

Learn about the concepts of novelty and non-obviousness as they relate to bars on patentability.


In order to be protected, a patent must be “novel” and “nonobvious.”  If the idea behind patents is to require disclosure of an invention in exchange for a monopoly for a limited duration, then the idea behind these bars to registration are to prevent individuals from owning monopolies on common goods or ideas that do not add to the public domain of knowledge.  Section 102 of the Patent Act prevents the registration of inventions that are not “novel,” meaning that they were in some...

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