What is pre-AIA 35 U.S.C. 102(f) and when does it apply?
Pre-AIA 35 U.S.C. 102(f) is a provision that bars the issuance of a patent where an applicant did not invent the subject matter being claimed. It applies to patent applications that are not subject to the first inventor to file (FITF) provisions of the America Invents Act (AIA).
According to the MPEP, Pre-AIA 35 U.S.C. 102(f) bars the issuance of a patent where an applicant did not invent the subject matter being claimed and sought to be patented.
This means that the correct inventor(s) must be named in the patent application.
It’s important to note that this provision is not applicable to applications subject to examination under the FITF provisions of the AIA. For those applications, examiners should refer to MPEP § 2157 for rejections based on improper naming of the inventor.
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