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Intellectual Property

Sep. 16, 2003

Federal Circuit Applies On-Sale Bar in Case Involving Software

Focus Column - Intellectual Property - By Robert Hulse - To receive a patent for an invention that is new, useful and nonobvious, an inventor must apply to the U.S. Patent and Trademark Office. The requirement that an invention be new, also know as the "novelty" requirement, ensures that an inventor cannot use the patent system to take for himself what already is in the public domain - embodied, for example, in existing publications, prior patents and common knowledge.

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