A person shall be entitled to a patent unless--
(a)
the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent, or在專利申請人發明及申請之前，已在本國為他人習知或使用，或在國內外已獲准專利或在印刷刊物上公開發表者
(b)
the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States, or在美國申請專利一年前，該發明已在國內外獲准專利或在印刷刊物上公開發表，或在國內為公開使用或銷售者
(c)
he has abandoned the invention, or(d)
the invention was first patented or caused to be patented, or was the subject of an inventor's certificate, by the applicant or his legal representatives or assigns in a foreign country prior to the date of the application for patent in this country on an application for patent or inventor's certificate filed more than twelve months before the filing of the application in the United States, or在美國申請專利或發明證書十二個月前，該發明由申請人或其法定代理人或受讓人，在他國已先取得專利，或即將取得專利，或取得發明證書上之標的者
(e)
the invention was described in (1) an application for patent, published under section 122(b) [35 USC 122(b)], by another filed in the United States before the invention by the applicant for patent or (2) a patent granted on an application for patent by another filed in the United States before the invention by the applicant for patent, except that an international application filed under the treaty defined in section 351(a) [35 USC 351(a)] shall have the effects for the purposes of this subsection of an application filed in the United States only if the international application designated the United States and was published under Article 21(2) of such treaty in the English language; or该發明记载于：(1)他人于该发明前在美国提交的专利申请中，该专利申请基于section 122公开或(2)他人于该发明前在美国提交的专利申请并在之后授权专利中；除此之外，基于section 351(a)限定的条约提出的国际申请将会有为本sub-section的目的而在美国提出的申请的效力，只要该国际申请指定美国并且基于Article 21(2)以英语公开
(f)
he did not himself invent the subject matter sought to be patented, or(g)
(1)
during the course of an interference conducted under section 135 [35 USC 135] or section 291 [ 35 USC 291 ], another inventor involved therein establishes, to the extent permitted in section 104 [35 USC 104], that before such person's invention thereof the invention was made by such other inventor and not abandoned, suppressed, or concealed, or
在基于section 135或者section 291进行的冲突过程中，涉及其中的另一发明人，至少在section 104准许的程度上，eatablish了：在该发明前，该发明由该另一发明人制造并且没有放弃、suppress及隐瞒(2)
before such person's invention thereof, the invention was made in this country by another inventor who had not abandoned, suppressed, or concealed it. In determining priority of invention under this subsection, there shall be considered not only the respective dates of conception and reduction to practice of the invention, but also the reasonable diligence of one who was first to conceive and last to reduce to practice, from a time prior to conception by the other.
在專利申請人發明之前，該項發明由另一发明人制作并且该发明人没有放弃、suppress及隐瞒，在基于本sub-section确定该发明priority时，不仅应该考虑发明构想和付诸实践的各自日期，同时还应该考虑该发明构想在先而付诸实践者在后者的合理勤勉，from a time prior to conception by the other
No comments:
Post a Comment