35 U.S.C. § 103: Conditions for patentability; non-obvious subject matter

A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The amendments made by this Act [amending this section] shall apply to any patent granted on or after the date of the enactment of this Act [ Dec. 10, 2004 ]. The amendments made by this Act shall not affect any final decision of a court or the United States Patent and Trademark Office rendered before the date of the enactment of this Act, and shall not affect the right of any party in any action pending before the United States Patent and Trademark Office or a court on the date of the enactment of this Act to have that party’s rights determined on the basis of the provisions of title 35, United States Code, in effect on the day before the date of the enactment of this Act.” Subject to subsections (b), (c), (d), and (e) of this section, the amendments made by this Act [probably should be “this title”, meaning title I of Pub. L. 98–622 , enacting section 157 of this title , amending this section and sections 116, 120, 135, and 271 of this title, and enacting a provision set out as a note under section 157 of this title ] shall apply to all United States patents granted before, on, or after the date of enactment of this Act [ Nov. 8, 1984 ], and to all applications for United States patents pending on or filed after the date of enactment. The amendments made by this Act shall not affect any final decision made by the court or the Patent and Trademark Office before the date of enactment of this Act [ Nov. 8, 1984 ], with respect to a patent or application for patent, if no appeal from such decision is pending and the time for filing an appeal has expired. Section 271(f) of title 35 , United States Code, added by section 101 of this Act shall apply only to the supplying, or causing to be supplied, of any component or components of a patented invention after the date of enactment of this Act [ Nov. 8, 1984 ]. No United States patent granted before the date of enactment of this Act [ Nov. 8, 1984 ] shall abridge or affect the right of any person or his successors in business who made, purchased, or used prior to such effective date anything protected by the patent, to continue the use of, or to sell to others to be used or sold, the specific thing so made, purchased, or used, if the patent claims were invalid or otherwise unenforceable on a ground obviated by section 103 or 104 of this Act [amending this section and sections 116 and 120 of this title] and the person made, purchased, or used the specific thing in reasonable reliance on such invalidity or unenforceability. If a person reasonably relied on such invalidity or unenforceability, the court before which such matter is in question may provide for the continued manufacture, use, or sale of the thing made, purchased, or used as specified, or for the manufacture, use, or sale of which substantial preparation was made before the date of enactment of this Act, and it may also provide for the continued practice of any process practiced, or for the practice of which substantial preparation was made, prior to the date of enactment, to the extent and under such terms as the court deems equitable for the protection of investments made or business commenced before the date of enactment. The amendments made by this Act shall not affect the right of any party in any case pending in court on the date of enactment [ Nov. 8, 1984 ] to have their rights determined on the basis of the substantive law in effect prior to the date of enactment.”