靠中文翻译文本学美国专利法实在是事倍功半的做法。在英文的原文中,可以比较容易区分开application和invention两个不同的概念。这一点在中文翻译中被淡化了。
至于上面有人说a和b的区别在于是不是发明人自己公开,我只能说你没有看懂弄明白102之前,不要去误导他人。102(b)里哪里说了一点by others?
35 U.S.C. 102 Conditions for patentability; novelty and loss of right to patent.
A person shall be entitled to a patent unless —
(a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent, or
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States, |