What qualifies as a “printed publication” under 35 U.S.C. 102(a)(1)?
What qualifies as a “printed publication” under 35 U.S.C. 102(a)(1)? A “printed publication” under 35 U.S.C. 102(a)(1) is not limited to traditional paper publications. According to MPEP 2152.02(b), it includes: Paper publications Electronic publications (including web pages) Presentations at scientific meetings Microfilm Computer programs Any other medium that provides information to the public The MPEP…
Read MoreWhat constitutes a “public use” under 35 U.S.C. 102(a)(1)?
A “public use” under 35 U.S.C. 102(a)(1) is defined in the MPEP 2152.02(c) as follows: “Public use” includes any use of the claimed invention by a person other than the inventor or a joint inventor, or any use of the claimed invention by the inventor or a joint inventor that is accessible to the public.…
Read MoreCan these methods also be used to overcome a 35 U.S.C. 103 rejection?
Yes, the methods used to overcome a 35 U.S.C. 102(a)(1) or 102(a)(2) rejection can also be used to overcome a 35 U.S.C. 103 rejection that is based on 35 U.S.C. 102(a)(1) or 102(a)(2) prior art. MPEP 2152.06 explicitly states: “Note that all of the ways of overcoming a 35 U.S.C. 102(a)(1) or 102(a)(2) rejection mentioned…
Read MoreWhat types of prior art are considered under AIA 35 U.S.C. 102(a)(1)?
AIA 35 U.S.C. 102(a)(1) considers the following types of prior art: Prior patenting of the claimed invention Descriptions of the claimed invention in a printed publication Public use of the claimed invention Placing the claimed invention on sale Otherwise making the claimed invention available to the public As stated in the MPEP: “Prior art documents…
Read MoreCan a temporarily displayed reference be considered a printed publication in patent law?
Can a temporarily displayed reference be considered a printed publication in patent law? Yes, a temporarily displayed reference can be considered a printed publication under certain circumstances. The MPEP 2152.02(b) provides guidance on this: “Even if access to the information is limited to a few people, a printed publication may be established if those few…
Read MoreWhat is the significance of the publication date for printed publications in patent law?
What is the significance of the publication date for printed publications in patent law? The publication date of a printed publication is crucial in patent law, particularly in determining its status as prior art. According to MPEP 2152.02(b): “Once an examiner determines that a document was published prior to the effective filing date of the…
Read MoreHow does the AIA treat secret commercial use compared to pre-AIA law?
The treatment of secret commercial use under the AIA differs significantly from pre-AIA law. Under pre-AIA law, secret commercial use by the inventor could bar patentability. The MPEP states: “[A]n inventor’s own prior commercial use, albeit kept secret, may constitute a public use or sale under [pre-AIA 35 U.S.C.] 102(b), barring him from obtaining a…
Read MoreCan secret commercial activity be considered “on sale” under AIA?
Yes, secret commercial activity can be considered “on sale” under AIA 35 U.S.C. 102(a)(1). The MPEP references the Supreme Court decision in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., stating: “[T]he Supreme Court ‘determine[d] that Congress did not alter the meaning of ‘on sale’ when it enacted the AIA, [and held] that an inventor’s…
Read MoreWhat constitutes a “public use” under AIA 35 U.S.C. 102(a)(1)?
Under AIA 35 U.S.C. 102(a)(1), a “public use” that can bar patentability is any use that is available to the public, regardless of geographic location. The MPEP states: “Under AIA 35 U.S.C. 102(a)(1), there is no geographic limitation on where prior public use or public availability occurs.” This means that public uses anywhere in the…
Read MoreHow does public accessibility affect the status of a printed publication in patent law?
How does public accessibility affect the status of a printed publication in patent law? Public accessibility is a crucial factor in determining whether a document qualifies as a printed publication under patent law. According to MPEP 2152.02(b): “The public accessibility of the material is the key inquiry in determining whether a reference qualifies as a…
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