Answer to Question 1
Under the America Invents Act, which was passed in 2011, the U.S. patent system changed from a first-to-invent to a first-inventor-to-file system effective March 16, 2013. The America Invents Act also expanded the definition of prior art used to determine the novelty of an invention and whether it can be patented. For example, if something resembling a persons invention that is on sale anywhere in the world before they filed for a patent, that item is now considered part of the prior art and could prevent them from obtaining a patent. Prior to the passing of this law, only items for sale within the United States were considered prior art. The America Invents Act makes it more difficult to obtain a U.S. patent.
Answer to Question 2
The main body of law that governs patents is contained in Title 35 of the U.S. Code. Section 101 of the code states that whoever invents or discovers any new or useful process, machine, manufacture or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor. Section 102 defines novelty as a necessary condition to grant a patent and describes various kinds of prior art which can be used as evidence that the invention is not novel. Section 103 describes nonobviousness as another mandatory requirement for a patent. To be patentable, an invention must not be obvious to a person having ordinary skill in the field on which the invention is based.
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North America
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