1. What is the difference between the patent-eligibility requirement for novelty and that for non-obviousness?
2. If an inventor invents a product, and is, after an exhaustive search, certain that the invention is not in the marketplace, does that mean that the invention has not been “anticipated” for purposes of a patent application? In other words, if a product invented is not being sold/practiced in the marketplace, does that mean that the invention meets the novelty requirement for patent eligibility?
3. A patent grants a patentee the right to exclude others from practicing the invention, but does not grant the patentee the right to practice the invention. What does this mean? What are examples of this?
After posting your notes on these 3 items, please reply (also by Thursday) to the posts of two (any two) other students, demonstrating that you have read their posts.
Please be sure to stay on topic and limit your discussion to only the questions posed.
