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When Boston software engineer Richard DiBona and his wife, marketing executive Kara Peterson, attempted to research a legal question a

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Lawyer Life & Finance

In U.S. patent law, what is the term used for an invention that is already publicly known and therefore not eligible for a patent?

CORRECT! “Prior art” refers to any evidence that an invention is already known before a given date. This can include prior patents, published articles, public demonstrations, or any other form of public disclosure. If an invention has been disclosed as prior art, it cannot be patented because it fails the requirement of novelty. Trade secrets are confidential business information, infringement pertains to unauthorized use of a patented invention, and a patent troll is a derogatory term for entities that enforce patent rights aggressively.

WRONG! Trade secrets are a form of intellectual property comprising confidential business information that provides a competitive edge. Trade secrets are not publicly known and must be kept confidential to retain their value.

WRONG! Infringement refers to the unauthorized use, production, or sale of a patented invention. It is a violation of patent rights, not a condition that determines patent eligibility.

WRONG! A patent troll is a derogatory term for entities or individuals that purchase and hold patents primarily to sue others for infringement, rather than to produce or market the patented invention. This term does not relate to the public knowledge status of an invention.

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