Nexus Concordat
📜 35 USC Patent Statutes
Complete U.S. Patent Law with Annotations
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Fractured Crown: The Foundational Law

Title 35 of the United States Code is the foundation of all patent law. When Athelia touched the barrier at Walnut Canyon, this was the core of the download—the ancient law encoded in stone, carved into the cliffs, transmitted directly into her consciousness.

§ 101: Patentable subject matter. Process, machine, manufacture, composition of matter. The gateway—if an invention doesn't fit one of these categories, examination stops here.

§ 102: Novelty. What qualifies as prior art, grace periods, exceptions. An invention must be NEW.

§ 103: Non-obviousness. Even if novel, an invention must not be OBVIOUS to a person having ordinary skill in the art (PHOSITA). KSR rationales, Graham factors, secondary considerations.

§ 112: The specification. Written description, enablement, definiteness, claim format. An invention must be DESCRIBED and ENABLED such that PHOSITA can practice it.

§§ 119-120: Priority and benefit claims. Foreign priority, provisional benefit, continuations. The temporal chain connecting applications across time.

§§ 131-145: Examination, appeals, interference. The procedures for prosecution and challenge.

These statutes are the law itself. Every MPEP section, every CFR rule, every court case—all derive authority from Title 35 USC. Master these statutes, and you master the foundation of patent law.

📋 Part I - USPTO Establishment (§§ 1-42)

35 USC § 2 - Powers and Duties
Director's Authority

💡 Key Point:

Director of USPTO has authority to grant and issue patents, establish regulations (37 CFR), and supervise patent examination.

✅ Part II - Patentability of Inventions (§§ 100-123)

35 USC § 101 - Inventions Patentable
Subject Matter Eligibility
⭐ Critical - 8-10 questions per exam
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.

💡 Plain English:

Four statutory categories:

  • Process: Method or series of steps
  • Machine: Device with moving parts or circuitry
  • Manufacture: Article made by human hands
  • Composition of matter: Chemical compositions, mixtures

Judicial exceptions (NOT patentable):

  • Abstract ideas
  • Laws of nature
  • Natural phenomena

Test: Alice/Mayo two-step (MPEP 2106)

35 USC § 102 - Conditions for Patentability; Novelty
Novelty Requirement (AIA - First-to-File)
⭐ Critical - 10-12 questions per exam
(a) NOVELTY; PRIOR ART.—A person shall be entitled to a patent unless— (1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention; or (2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. (b) EXCEPTIONS.— (1) DISCLOSURES MADE 1 YEAR OR LESS BEFORE THE EFFECTIVE FILING DATE.—A disclosure made 1 year or less before the effective filing date of a claimed invention shall not be prior art to the claimed invention under subsection (a)(1) if— (A) the disclosure was made by the inventor or joint inventor or by another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor; or (B) the subject matter disclosed had, before such disclosure, been publicly disclosed by the inventor or a joint inventor or another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor.

💡 Plain English:

§ 102(a)(1): Anything publicly available before your filing date is prior art

§ 102(a)(2): Earlier-filed U.S. applications by others are prior art (even if published after your filing)

§ 102(b)(1)(A): 1-year grace period for YOUR OWN disclosures

§ 102(b)(1)(B): If you disclose first, third-party disclosure within 1 year doesn't count

35 USC § 103 - Conditions for Patentability; Non-obvious Subject Matter
Obviousness Requirement
⭐ Critical - 12-15 questions per exam
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.

💡 Plain English:

Even if invention is novel (§ 102), still can't get patent if obvious to PHOSITA.

Graham factors:

  • Scope and content of prior art
  • Differences between prior art and claims
  • Level of ordinary skill in art
  • Secondary considerations (commercial success, long-felt need, failure of others)

KSR: Can use common sense, obvious to try, predictable results

35 USC § 112 - Specification
Disclosure and Claim Requirements
⭐ Critical - 8-10 questions per exam
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.

💡 Plain English (§ 112(a)):

Written description: Show you possessed the invention as of filing date

Enablement: Teach PHOSITA how to make and use without undue experimentation

Best mode: Disclose best way inventor knows (post-AIA: not grounds for invalidity)


💡 Plain English (§ 112(b)):

Definiteness: Claims must particularly point out and distinctly claim the invention (clear boundaries)

35 USC § 111 - Application
Application Filing Requirements
4-6 questions per exam

💡 Key Points:

§ 111(a) Non-provisional: Specification with at least one claim, drawings (if necessary)

§ 111(b) Provisional: Specification, drawings (if necessary), NO CLAIMS required, 12-month pendency

35 USC § 119 - Priority Claims
Foreign and Provisional Priority
3-5 questions per exam

💡 Key Points:

§ 119(a)-(d) Foreign priority: 12 months from foreign filing to claim priority

§ 119(e) Provisional priority: 12 months from provisional to file non-provisional

35 USC § 120 - Benefit of Earlier Filing Date
Continuations, Divisionals, CIPs
4-6 questions per exam

💡 Key Requirements:

  • Parent and child must be copending (at least one day overlap)
  • Disclosure in parent must support claims in child (written description)
  • At least one common inventor
  • Specific reference in child application to parent
35 USC § 121 - Divisional Applications
Restriction Safe Harbor
3-4 questions per exam

💡 Key Point:

If divisional application properly claims invention restricted out by examiner, gets safe harbor from obviousness-type double patenting. No terminal disclaimer needed if proper § 121 divisional.

⚖️ Part III - Patents and Protection of Rights (§§ 251-329)

35 USC § 251 - Reissue of Defective Patents
Correcting Errors in Issued Patents
3-5 questions per exam

💡 Key Points:

Broadening reissue: Must file within 2 years of patent grant

Narrowing reissue: Can file anytime during patent term

Error requirement: Without deceptive intent

Result: Original patent surrendered, reissue patent granted

35 USC § 271 - Infringement
Patent Infringement Definition
2-3 questions per exam

💡 Types of Infringement:

(a) Direct infringement: Making, using, offering to sell, selling, or importing patented invention

(b) Induced infringement: Actively inducing infringement by another

(c) Contributory infringement: Selling component with no substantial non-infringing use

35 USC § 283-284 - Remedies
Injunctions and Damages
2-3 questions per exam

💡 Key Points:

§ 283 Injunction: Courts may grant injunctions (eBay four-factor test applies)

§ 284 Damages: Adequate to compensate, but not less than reasonable royalty. Can treble damages for willful infringement.

§ 285 Attorney fees: Court may award fees in exceptional cases

35 USC § 311-319 - Inter Partes Review (IPR)
AIA Post-Grant Challenge
3-4 questions per exam

💡 Key Points:

Who: Any third party (not patent owner)

When: After 9 months from grant (or after PGR)

Grounds: §§ 102, 103 only (patents/printed publications)

Standard: Reasonable likelihood petitioner prevails on ≥1 claim

Estoppel: Cannot raise same grounds later

35 USC § 321-329 - Post-Grant Review (PGR)
Broader Post-Grant Challenge
2-3 questions per exam

💡 Key Points:

Who: Any third party

When: Within 9 months of grant

Grounds: ANY invalidity ground (§§ 101, 102, 103, 112)

Standard: More likely than not ≥1 claim unpatentable

📋 Quick Statute Reference

Most Tested Statutes (In Order)
  1. § 103 - Obviousness (12-15 questions)
  2. § 102 - Novelty (10-12 questions)
  3. § 101 - Eligibility (8-10 questions)
  4. § 112(a) - Written description, enablement, best mode (8-10 questions)
  5. § 112(b) - Definiteness (3-4 questions)
  6. § 120 - Continuations/priority (4-6 questions)
  7. § 111 - Application types (4-6 questions)
  8. § 121 - Divisionals (3-4 questions)
  9. § 154 - Patent term (3-4 questions)
  10. § 119 - Foreign/provisional priority (3-5 questions)