What is the significance of the effective filing date in determining prior art under AIA?
What is the significance of the effective filing date in determining prior art under AIA? The effective filing date is crucial in determining what constitutes prior art under the America Invents Act (AIA). According to MPEP 2155.02, the effective filing date serves as a critical reference point for assessing whether a disclosure qualifies as prior…
Read MoreWhat is the effective date for prior art under AIA 35 U.S.C. 102(a)(2)?
Under AIA 35 U.S.C. 102(a)(2), the effective date for prior art is the date the patent document was effectively filed. The MPEP states: “AIA 35 U.S.C. 102(a)(2) sets forth three types of U.S. patent documents that are available as prior art as of the date they were effectively filed with respect to the subject matter…
Read MoreWhat types of documents can qualify as prior art under AIA 35 U.S.C. 102(a)(2)?
Under AIA 35 U.S.C. 102(a)(2), several types of U.S. patent documents can qualify as prior art. According to MPEP 2154.01(c), these include: U.S. patents U.S. patent application publications WIPO published applications The MPEP states: “To qualify as prior art under AIA 35 U.S.C. 102(a)(2), the prior art U.S. patent, U.S. patent application publication, or WIPO…
Read MoreWhat is the difference between 35 U.S.C. 102(a)(1) and 102(a)(2) rejections?
What is the difference between 35 U.S.C. 102(a)(1) and 102(a)(2) rejections? The main differences between 35 U.S.C. 102(a)(1) and 102(a)(2) rejections are: 102(a)(1) applies to prior art that was publicly available before the effective filing date of the claimed invention. This includes patents, printed publications, public use, on sale, or otherwise available to the public.…
Read MoreHow can common ownership or a Joint Research Agreement help overcome a 35 U.S.C. 102(a)(2) rejection?
Common ownership or evidence of a Joint Research Agreement can be used to overcome a 35 U.S.C. 102(a)(2) rejection by establishing entitlement to the 35 U.S.C. 102(b)(2)(C) exception. This exception removes certain disclosures from being considered prior art. MPEP 2152.06 states: “Establishing common ownership or establishing evidence of a Joint Research Agreement to overcome a…
Read MoreHow does the AIA affect the critical reference date?
The America Invents Act (AIA) significantly changed the determination of the critical reference date for U.S. patents and patent application publications. MPEP 2136.03 explains: “AIA 35 U.S.C. 102(d) provides that if the U.S. patent, U.S. patent application publication, or WIPO published application names another inventor and was effectively filed before the effective filing date of…
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