How does the MPEP 715.07(c) address the use of information from NAFTA and WTO countries in patent proceedings?
MPEP 715.07(c) addresses the use of information from NAFTA and WTO countries in patent proceedings by referencing pre-AIA 35 U.S.C. 104(a)(3), which states:
“To the extent that any information in a NAFTA country or a WTO member country concerning knowledge, use, or other activity relevant to proving or disproving a date of invention has not been made available for use in a proceeding in the Patent and Trademark Office, a court, or any other competent authority to the same extent as such information could be made available in the United States, the Director, court, or such other authority shall draw appropriate inferences, or take other action permitted by statute, rule, or regulation, in favor of the party that requested the information in the proceeding.”
This provision ensures that if relevant information from NAFTA or WTO countries is not equally accessible as it would be in the United States, the Patent and Trademark Office, courts, or other authorities must make appropriate inferences or take actions that favor the party requesting the information. This helps to maintain fairness in patent proceedings when dealing with international inventions and prior art.
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