What is the significance of pre-AIA 35 U.S.C. 102(e) in patent law?
Pre-AIA 35 U.S.C. 102(e) is a crucial provision in patent law that allows certain international application publications, U.S. patent application publications, and U.S. patents to be used as prior art. The MPEP states:
“Pre-AIA 35 U.S.C. 102(e) allows the use of certain international application publications and U.S. patent application publications, and certain U.S. patents as prior art under pre-AIA 35 U.S.C. 102(e) as of their respective U.S. filing dates, including certain international filing dates.”
This provision is particularly important when the publication or issue date of a reference is too recent to be applied under pre-AIA 35 U.S.C. 102(a) or pre-AIA 35 U.S.C. 102(b).
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Topics:
MPEP 2100 - Patentability,
MPEP 2136 - Pre - Aia 35 U.S.C. 102(E),
Patent Law,
Patent Procedure