What is the significance of “by another” in 35 U.S.C. 102(e)?
The phrase “by another” in 35 U.S.C. 102(e) is crucial for determining prior art. According to MPEP 2136.04:
“If the application names the same inventive entity as the patent, the patent does not qualify as prior art under pre-AIA 35 U.S.C. 102(e).”
This means that for a patent to be considered prior art under this section, it must have a different inventive entity from the application being examined.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2136.04 - Different Inventive Entity; Meaning Of "By Another",
Patent Law,
Patent Procedure