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Patent Act of 1952

Amendments to the Patent Act of 1952

Amendments to the Patent Act of 1952

The 1980 Bayh-Dole Act went into effect in United States patent law on December 12, 1980. Among the various changes it made to patenting procedures, the measure which generally draws the greatest attention is a reversal in “presumption of title,” which as applied in the act means that small-business, non-profit, or university-level educational groups can be given preferential treatment in comparison to the federal government in judgments made concerning inventions created with federal funds.
Such an invention is called a “subject invention,” with the meaning that it is first “reduced to practice” while being funded to some degree by the federal government. The inventors can have the title to an invention created in such a setting while allowing the government to exercise certain rights in return. The provisions required by the Bayh-Dole Act were placed in Sections 200 through 212 of Article 35 of the United States Code, and were put into practice by Section 401 of Title 37 of the Code of Federal Regulations.

A Short Background of the Patent Act of 1952

A Short Background of the Patent Act of 1952

Patent law in the United States currently exists as provided for by the legal basis of the United States Code. Congress’s ability to pass legislation on patent law is derived from the legal foundation of Article One, Section 8(8) of the Constitution, which referred to the intention “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” 
The Patent Act of 1952 Constitutional prima facie evidence on legal proceedings. In order to allow the United States Code to itself act as law, it would be necessary to more regularly and consistently revise its various provisions. With a mind to this, a sub-committee of the House Committee on the Judiciary had the task of revising the United States Code. 
This committee responded to concerns about judicial supervision of patents by deciding to place new provisions in the revised code. The first draft was  made in 1950, after which it went through many hands and underwent many changes up to the point of being passed into law.  
Congress passed the Patent Act on July 4, 1952, upon which it was signed by President Harry S. Truman. The new patent law went into effect on January 1, 1953.

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.