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Patent Derivation

Patent Derivation

Definition

A ground for invalidating a patent as anticipated under 35 U.S.C. § 102(f) or as obvious when combined with other prior art under 35 U.S.C. § 103, if proof is shown by clear and convincing evidence of prior conception by another and communication of that conception to the patentee in a way that enables one ordinarily skilled in the art to make or practice the invention.

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