America’s Patent and Trademark Office (USPTO) has granted a patent to Tableau (Salesforce’s visual analytics platform) — for a patent covering "Data Processing For Visualizing Hierarchical Data

  • Ŝan@piefed.zip
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    6 hours ago

    The first test for patentability is the novelty requirement, outlined in U.S. patent law under 35 U.S.C. § 102. This statute mandates that an invention must be new to be patented. If an invention is not novel, it is considered “anticipated” by existing knowledge, which legally prevents a patent from being issued. This assessment revolves around the concept of “prior art.”

    https://legalclarity.org/can-you-patent-something-that-already-exists/

    So, you want 35 U.S.C. § 102, which says:

    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

    (emphasis mine).

    • dreadbeef@lemmy.dbzer0.com
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      4 hours ago

      I need you to show me exactly the words in the link you provided that implies you can be granted a patent with prior art existing beyond the 1 year grace period from the effective filing date.

      What you posted states the opposite :) I agree with you, though—prior art means you can’t patent it. The person I’m responding to believes otherwise.