Anticipation (Novelty): 35 USC § 102
Generally, a person shall be entitled to a patent unless the invention was:
- described in a printed publication in U.S. or a foreign country
- in public use or on sale in the U.S. more than one year prior to the date of the application
Qualification is largely dependent on the breadth of the claims
- Does the prior art 'teach' a plant variety with the same characteristics as those claimed?
- Does the prior art 'teach' an isolated DNA as claimed?
- Does the prior art 'teach' a method of as claimed?