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And, once a patent expires (or is refused or forfeited by publicuse), the balance allows “free access to copy whatever the federal patent and copyright laws leave in the publicdomain.” ” Compco Corp. Day–Brite Lighting, Inc. , 234 (1964). Metallizing Engineering Co. Kenyon Bearing & Auto Parts Co.,
This makes the term ‘prior art’ an important concept for inventors to understand. It’s the legal term for ‘thing that is exactly like my thing that was in the public before I made my thing.’ Often, the reason that the patent office will cite for rejecting an application is the presence of prior art.
A patent gives the owner exclusive right over their invention for 20 years to commercially exploit it in a manner that prevents others from using, selling, making, or distributing the invention without permission. A patent can be granted when the invention meets certain criteria: Novelty: it must be new and not available in the publicdomain.
Patent claims, for example, require that all claims have a significant contribution by a human inventor. One such approach would be to indicate which examples are “actual working examples” from inventors and which are “prophetic examples” drafted by AI. Data breaches and data leaks of AI tools could further cause disclosure risks.
The primary purpose of the provisional specification is to be able to claim a priority date before the inventor discloses the final details. No exclusivity can be claimed over anything which is not disclosed in the complete specification and would subsequently become open to publicuse.
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