Posts Tagged: "35 U.S.C. 282"

Section 101 of the Patent Act was codified as part of the 1952 Patent Act.  At the same time, Congress set forth in Section 282(b) a list of available defenses that may be asserted in a patent infringement action brought in court.  While Congress has tinkered with Section 282 a number of time since its enactment in 1952, including identifying other invalidity defenses, such as failure to comply with some portions of Section 112 (see 35 U.S.C. § 282(b)(3)), Congress has never added “Inventions Patentable” (35 U.S.C. § 101) as an available enumerated defense.