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FAQ Tag: Access Restrictions
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Can a secret patent be used as prior art under 35 U.S.C. 102(a) or pre-AIA 35 U.S.C. 102(a) or (b)?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This…
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How does pre-AIA 35 U.S.C. 102(d) treat patents with a period of secrecy?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This…
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How does the MPEP address pre-AIA 35 U.S.C. 102 with respect to foreign patent dates?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This…
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What is the significance of the publication date for a U.S. patent document in prior art rejections?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This…
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What constitutes a “patent” for rejection purposes under 35 U.S.C. 102(a) or pre-AIA 35 U.S.C. 102(a) and (b)?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This…
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When is a patent considered available to the public for prior art purposes?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This…
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How does the MPEP define a “patent” for prior art purposes under 35 U.S.C. 102?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This…
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What is the significance of the In re Monks case for patent reference dates?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This…
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How does the In re Ekenstam case affect the availability of secret patents as references?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This…
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What is the effect of a foreign patent’s term on its use as prior art under pre-AIA 35 U.S.C. 102(d)?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This…
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