What constitutes “substantial activity” in the U.S. for the on-sale bar under pre-AIA law?

The concept of “substantial activity” in the U.S. is crucial for determining if foreign sales can trigger the on-sale bar under pre-AIA law. While the MPEP doesn’t provide an exhaustive definition, it offers guidance: “‘On sale’ status can be found if substantial activity prefatory to a ‘sale’ occurs in the United States.” (MPEP 2133.03(d)) This…

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How are corrections handled for issued U.S. patents from international design applications?

For U.S. patents issued from international design applications, corrections are handled according to U.S. patent law, not the Hague Agreement procedures. As stated in MPEP 2930: “A patent issuing from an international design application may only be corrected in accordance with the provisions of title 35, United States Code, for correcting patents.” This means that…

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