Full Statute Name:  United States Code Annotated. Title 35. Patents. Part II. Patentability of Inventions and Grant of Patents. Chapter 10. Patentability of Inventions. § 103. Conditions for patentability; non-obvious subject matter

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Popular Title:  Patent Act Primary Citation:  35 USC 103 Country of Origin:  United States Last Checked:  March, 2018 Date Adopted:  1952

The Patent Act governs the law of patents in the United States.  Currently, the Patent and Trademark Office functions to issue patents, for which genetically engineered animal species may legally be patented in the United States. For more, see the Topical Introduction to Genetic Engineering and Animals.

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.


(July 19, 1952, c. 950, 66 Stat. 798; Pub.L. 98-622, Title I, § 103, Nov. 8, 1984, 98 Stat. 3384; Pub.L. 104-41, § 1, Nov. 1, 1995, 109 Stat. 351; Pub.L. 106-113, Div. B, § 1000(a)(9) [Title IV, § 4807(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-591; Pub.L. 108-453, § 2, Dec. 10, 2004, 118 Stat. 3596; Pub.L. 112-29, §§ 3(c), 20(j)(1), Sept. 16, 2011, 125 Stat. 287, 335.) 


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