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Patent Act of 1952

Patent Act Of 1952

The means through which an American citizen may patent an invention was placed on a regular, systematic basis by the Patent Act of 1952Constitution The 1952 Act enacted several practical changes in how an individual might patent an invention inside the country.

The main changes to patent/invention laws were made through Sections 103 and 271 of Title 35. Section 103, on "Conditions for Patentability; non-obvious subject matter" made it clear that an invention did not merely have to be new, but also original in regard to the inventions which had come before it.

This change is sometimes phrased as the invention requirement. The language of non-obvious invention means that the new development has to go beyond the capacity of a person of "ordinary skill in the art" to which it applies. Section 271, "Infringement of Patent," brought the term "contributory infringement" in federal law and thus allowed for greater scope in preventing and prosecuting violations of patent rights.

According to this doctrine, any person who facilitated the infringement of patent rights after the fact, such as by offering for sale an item based on infringement, would be liable under law as well for contributing to patent/invention infringement.

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