35 U.S.C. 102 -

(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

任何人應有權獲授專利，除非 - 

在所請發明有效申請日前，所請技術已被他人獲准授予專利、載於刊物、公開使用、為販售之用或可為公眾取得。

(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.

任何人應有權獲授專利，除非 -

所請發明已載於依35 USC 151公告之專利或依35 USC 122(b)公開之專利申請案，而該專利或申請案所列發明人另有其人，且於所請發明的申請日在其有效申請日之前。

(c)Common Ownership Under Joint Research Agreements.—Subject matter disclosed and a claimed invention shall be deemed to have been owned by the same person or subject to an obligation of assignment to the same person in applying the provisions of subsection (b)(2)(C) if-

(1) the subject matter disclosed was developed and the claimed invention was made by, or on behalf of, 1 or more parties to a joint research agreement that was in effect on or before the effective filing date of the claimed invention;

(2) the claimed invention was made as a result of activities undertaken within the scope of the joint research agreement; and

(3) the application for patent for the claimed invention discloses or is amended to disclose the names of the parties to the joint research agreement.

以共同研究協議下的共享所有權關係─對於35 USC 102(b)(2)(C)之應用，若有以下狀況，所屬的技術內容與所請發明應視為同人所有，或有義務轉讓予同人 - 

(1) 所公開的技術已被研發且所求保護的發明是由或代表協議的一方或多方在所求保護之發明的有效申請日期之前的共同研究

(2) 所求保護的發明是在共同研究協議規範內進行的結果。

(3) 所求保護的發明的專利申請為公開共同研究協議的參與者名稱。

(d)Patents and Published Applications Effective as Prior Art.—For purposes of determining whether a patent or application for patent is prior art to a claimed invention under subsection (a)(2), such patent or application shall be considered to have been effectively filed, with respect to any subject matter described in the patent or application—

專利及公開的申請案用作先前技術─為判斷一專利或專利申請案對所請發明是否構成35 USC 102(a)(2)先前技術，該專利或申請案（所描述的任何主體內容）應視同為於以下時點即已有效申請。