Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
(B) (4)
Pre-AIA 35 U.S.C. 102(b) is significant because it creates a statutory bar to obtaining a patent. According to the MPEP, If the publication or issue date of the reference is more than 1 year prior to the effective filing date of the claimed invention (MPEP § 2139.01), the reference qualifies as prior art under pre-AIA 35 U.S.C. 102(b).
This means that any public disclosure, such as a publication, patent, public use, or sale that occurred more than one year before the effective filing date of the claimed invention can prevent the issuance of a patent.
It’s important to note that there’s a grace period provision: Publications, patents, public uses and sales, however, will not bar a patent if the 1-year grace period otherwise ends on a Saturday, Sunday, or federal holiday and the application’s U.S. filing date is the next succeeding business day.
To learn more:
Pre-AIA 35 U.S.C. 102 subsections (a), (b), and (e) each define different types of prior art. According to MPEP 2139.02:
- 35 U.S.C. 102(a) covers knowledge or use by others in the U.S., or patents or printed publications anywhere, before the invention by the applicant.
- 35 U.S.C. 102(b) relates to public use or sale in the U.S., or patents or printed publications anywhere, more than one year before the application date.
- 35 U.S.C. 102(e) pertains to earlier-filed U.S. patent applications that are published or granted as patents.
Understanding these differences is crucial for patent examiners when evaluating prior art and determining patentability under the pre-AIA system. Each subsection has its own specific criteria and time frame for what qualifies as prior art.
To learn more:
The “pre-AIPA” version of 35 U.S.C. 102(e) refers to the law as it was in force on November 28, 2000, before the changes made by the American Inventors Protection Act (AIPA). This version applies to patents issued from international applications filed before November 29, 2000.
According to the MPEP, Patents issued directly, or indirectly, from international applications filed before November 29, 2000 may only be used as prior art based on the provisions of pre-AIPA 35 U.S.C. 102(e) as in force on November 28, 2000.
For these patents, the pre-AIPA 35 U.S.C. 102(e) date is the earliest of:
- The date of compliance with 35 U.S.C. 371(c)(1), (2) and (4)
- The filing date of a later-filed U.S. continuing application that claimed the benefit of the international application
It’s important to note that publications of international applications filed before November 29, 2000, do not have a pre-AIPA 35 U.S.C. 102(e) date at all, but they may still be prior art under pre-AIA 35 U.S.C. 102(a) or (b) as of their publication date.
To learn more:
The accessibility of foreign patents is crucial in determining their use as prior art. Even if a foreign patent is difficult to access, it may still be considered prior art if it’s publicly available. The MPEP 2126 cites the case of In re Carlson, which states:
“We recognize that Geschmacksmuster on display for public view in remote cities in a far-away land may create a burden of discovery for one without the time, desire, or resources to journey there in person or by agent to observe that which was registered under German law. Such a burden, however, is by law imposed upon the hypothetical person of ordinary skill in the art who is charged with knowledge of all contents of the relevant prior art.”
This means that even if a foreign patent is difficult to access due to geographical or linguistic barriers, it can still be considered prior art if it’s technically available to the public.
To learn more:
And (D) (1)
The accessibility of foreign patents is crucial in determining their use as prior art. Even if a foreign patent is difficult to access, it may still be considered prior art if it’s publicly available. The MPEP 2126 cites the case of In re Carlson, which states:
“We recognize that Geschmacksmuster on display for public view in remote cities in a far-away land may create a burden of discovery for one without the time, desire, or resources to journey there in person or by agent to observe that which was registered under German law. Such a burden, however, is by law imposed upon the hypothetical person of ordinary skill in the art who is charged with knowledge of all contents of the relevant prior art.”
This means that even if a foreign patent is difficult to access due to geographical or linguistic barriers, it can still be considered prior art if it’s technically available to the public.
To learn more:
MPEP 2100 – Patentability (4)
Pre-AIA 35 U.S.C. 102(b) is significant because it creates a statutory bar to obtaining a patent. According to the MPEP, If the publication or issue date of the reference is more than 1 year prior to the effective filing date of the claimed invention (MPEP § 2139.01), the reference qualifies as prior art under pre-AIA 35 U.S.C. 102(b).
This means that any public disclosure, such as a publication, patent, public use, or sale that occurred more than one year before the effective filing date of the claimed invention can prevent the issuance of a patent.
It’s important to note that there’s a grace period provision: Publications, patents, public uses and sales, however, will not bar a patent if the 1-year grace period otherwise ends on a Saturday, Sunday, or federal holiday and the application’s U.S. filing date is the next succeeding business day.
To learn more:
Pre-AIA 35 U.S.C. 102 subsections (a), (b), and (e) each define different types of prior art. According to MPEP 2139.02:
- 35 U.S.C. 102(a) covers knowledge or use by others in the U.S., or patents or printed publications anywhere, before the invention by the applicant.
- 35 U.S.C. 102(b) relates to public use or sale in the U.S., or patents or printed publications anywhere, more than one year before the application date.
- 35 U.S.C. 102(e) pertains to earlier-filed U.S. patent applications that are published or granted as patents.
Understanding these differences is crucial for patent examiners when evaluating prior art and determining patentability under the pre-AIA system. Each subsection has its own specific criteria and time frame for what qualifies as prior art.
To learn more:
The “pre-AIPA” version of 35 U.S.C. 102(e) refers to the law as it was in force on November 28, 2000, before the changes made by the American Inventors Protection Act (AIPA). This version applies to patents issued from international applications filed before November 29, 2000.
According to the MPEP, Patents issued directly, or indirectly, from international applications filed before November 29, 2000 may only be used as prior art based on the provisions of pre-AIPA 35 U.S.C. 102(e) as in force on November 28, 2000.
For these patents, the pre-AIPA 35 U.S.C. 102(e) date is the earliest of:
- The date of compliance with 35 U.S.C. 371(c)(1), (2) and (4)
- The filing date of a later-filed U.S. continuing application that claimed the benefit of the international application
It’s important to note that publications of international applications filed before November 29, 2000, do not have a pre-AIPA 35 U.S.C. 102(e) date at all, but they may still be prior art under pre-AIA 35 U.S.C. 102(a) or (b) as of their publication date.
To learn more:
The accessibility of foreign patents is crucial in determining their use as prior art. Even if a foreign patent is difficult to access, it may still be considered prior art if it’s publicly available. The MPEP 2126 cites the case of In re Carlson, which states:
“We recognize that Geschmacksmuster on display for public view in remote cities in a far-away land may create a burden of discovery for one without the time, desire, or resources to journey there in person or by agent to observe that which was registered under German law. Such a burden, however, is by law imposed upon the hypothetical person of ordinary skill in the art who is charged with knowledge of all contents of the relevant prior art.”
This means that even if a foreign patent is difficult to access due to geographical or linguistic barriers, it can still be considered prior art if it’s technically available to the public.
To learn more:
MPEP 2126 – Availability Of A Document As A "Patent" For Purposes Of Rejection Under 35 U.S.C. 102(A) Or Pre – Aia 35 U.S.C. 102(A) (1)
The accessibility of foreign patents is crucial in determining their use as prior art. Even if a foreign patent is difficult to access, it may still be considered prior art if it’s publicly available. The MPEP 2126 cites the case of In re Carlson, which states:
“We recognize that Geschmacksmuster on display for public view in remote cities in a far-away land may create a burden of discovery for one without the time, desire, or resources to journey there in person or by agent to observe that which was registered under German law. Such a burden, however, is by law imposed upon the hypothetical person of ordinary skill in the art who is charged with knowledge of all contents of the relevant prior art.”
This means that even if a foreign patent is difficult to access due to geographical or linguistic barriers, it can still be considered prior art if it’s technically available to the public.
To learn more:
MPEP 2139.02 – Determining Whether To Apply Pre – Aia 35 U.S.C. 102(A) (3)
Pre-AIA 35 U.S.C. 102(b) is significant because it creates a statutory bar to obtaining a patent. According to the MPEP, If the publication or issue date of the reference is more than 1 year prior to the effective filing date of the claimed invention (MPEP § 2139.01), the reference qualifies as prior art under pre-AIA 35 U.S.C. 102(b).
This means that any public disclosure, such as a publication, patent, public use, or sale that occurred more than one year before the effective filing date of the claimed invention can prevent the issuance of a patent.
It’s important to note that there’s a grace period provision: Publications, patents, public uses and sales, however, will not bar a patent if the 1-year grace period otherwise ends on a Saturday, Sunday, or federal holiday and the application’s U.S. filing date is the next succeeding business day.
To learn more:
Pre-AIA 35 U.S.C. 102 subsections (a), (b), and (e) each define different types of prior art. According to MPEP 2139.02:
- 35 U.S.C. 102(a) covers knowledge or use by others in the U.S., or patents or printed publications anywhere, before the invention by the applicant.
- 35 U.S.C. 102(b) relates to public use or sale in the U.S., or patents or printed publications anywhere, more than one year before the application date.
- 35 U.S.C. 102(e) pertains to earlier-filed U.S. patent applications that are published or granted as patents.
Understanding these differences is crucial for patent examiners when evaluating prior art and determining patentability under the pre-AIA system. Each subsection has its own specific criteria and time frame for what qualifies as prior art.
To learn more:
The “pre-AIPA” version of 35 U.S.C. 102(e) refers to the law as it was in force on November 28, 2000, before the changes made by the American Inventors Protection Act (AIPA). This version applies to patents issued from international applications filed before November 29, 2000.
According to the MPEP, Patents issued directly, or indirectly, from international applications filed before November 29, 2000 may only be used as prior art based on the provisions of pre-AIPA 35 U.S.C. 102(e) as in force on November 28, 2000.
For these patents, the pre-AIPA 35 U.S.C. 102(e) date is the earliest of:
- The date of compliance with 35 U.S.C. 371(c)(1), (2) and (4)
- The filing date of a later-filed U.S. continuing application that claimed the benefit of the international application
It’s important to note that publications of international applications filed before November 29, 2000, do not have a pre-AIPA 35 U.S.C. 102(e) date at all, but they may still be prior art under pre-AIA 35 U.S.C. 102(a) or (b) as of their publication date.
To learn more:
Or (E) (3)
Pre-AIA 35 U.S.C. 102(b) is significant because it creates a statutory bar to obtaining a patent. According to the MPEP, If the publication or issue date of the reference is more than 1 year prior to the effective filing date of the claimed invention (MPEP § 2139.01), the reference qualifies as prior art under pre-AIA 35 U.S.C. 102(b).
This means that any public disclosure, such as a publication, patent, public use, or sale that occurred more than one year before the effective filing date of the claimed invention can prevent the issuance of a patent.
It’s important to note that there’s a grace period provision: Publications, patents, public uses and sales, however, will not bar a patent if the 1-year grace period otherwise ends on a Saturday, Sunday, or federal holiday and the application’s U.S. filing date is the next succeeding business day.
To learn more:
Pre-AIA 35 U.S.C. 102 subsections (a), (b), and (e) each define different types of prior art. According to MPEP 2139.02:
- 35 U.S.C. 102(a) covers knowledge or use by others in the U.S., or patents or printed publications anywhere, before the invention by the applicant.
- 35 U.S.C. 102(b) relates to public use or sale in the U.S., or patents or printed publications anywhere, more than one year before the application date.
- 35 U.S.C. 102(e) pertains to earlier-filed U.S. patent applications that are published or granted as patents.
Understanding these differences is crucial for patent examiners when evaluating prior art and determining patentability under the pre-AIA system. Each subsection has its own specific criteria and time frame for what qualifies as prior art.
To learn more:
The “pre-AIPA” version of 35 U.S.C. 102(e) refers to the law as it was in force on November 28, 2000, before the changes made by the American Inventors Protection Act (AIPA). This version applies to patents issued from international applications filed before November 29, 2000.
According to the MPEP, Patents issued directly, or indirectly, from international applications filed before November 29, 2000 may only be used as prior art based on the provisions of pre-AIPA 35 U.S.C. 102(e) as in force on November 28, 2000.
For these patents, the pre-AIPA 35 U.S.C. 102(e) date is the earliest of:
- The date of compliance with 35 U.S.C. 371(c)(1), (2) and (4)
- The filing date of a later-filed U.S. continuing application that claimed the benefit of the international application
It’s important to note that publications of international applications filed before November 29, 2000, do not have a pre-AIPA 35 U.S.C. 102(e) date at all, but they may still be prior art under pre-AIA 35 U.S.C. 102(a) or (b) as of their publication date.
To learn more:
Patent Law (4)
Pre-AIA 35 U.S.C. 102(b) is significant because it creates a statutory bar to obtaining a patent. According to the MPEP, If the publication or issue date of the reference is more than 1 year prior to the effective filing date of the claimed invention (MPEP § 2139.01), the reference qualifies as prior art under pre-AIA 35 U.S.C. 102(b).
This means that any public disclosure, such as a publication, patent, public use, or sale that occurred more than one year before the effective filing date of the claimed invention can prevent the issuance of a patent.
It’s important to note that there’s a grace period provision: Publications, patents, public uses and sales, however, will not bar a patent if the 1-year grace period otherwise ends on a Saturday, Sunday, or federal holiday and the application’s U.S. filing date is the next succeeding business day.
To learn more:
Pre-AIA 35 U.S.C. 102 subsections (a), (b), and (e) each define different types of prior art. According to MPEP 2139.02:
- 35 U.S.C. 102(a) covers knowledge or use by others in the U.S., or patents or printed publications anywhere, before the invention by the applicant.
- 35 U.S.C. 102(b) relates to public use or sale in the U.S., or patents or printed publications anywhere, more than one year before the application date.
- 35 U.S.C. 102(e) pertains to earlier-filed U.S. patent applications that are published or granted as patents.
Understanding these differences is crucial for patent examiners when evaluating prior art and determining patentability under the pre-AIA system. Each subsection has its own specific criteria and time frame for what qualifies as prior art.
To learn more:
The “pre-AIPA” version of 35 U.S.C. 102(e) refers to the law as it was in force on November 28, 2000, before the changes made by the American Inventors Protection Act (AIPA). This version applies to patents issued from international applications filed before November 29, 2000.
According to the MPEP, Patents issued directly, or indirectly, from international applications filed before November 29, 2000 may only be used as prior art based on the provisions of pre-AIPA 35 U.S.C. 102(e) as in force on November 28, 2000.
For these patents, the pre-AIPA 35 U.S.C. 102(e) date is the earliest of:
- The date of compliance with 35 U.S.C. 371(c)(1), (2) and (4)
- The filing date of a later-filed U.S. continuing application that claimed the benefit of the international application
It’s important to note that publications of international applications filed before November 29, 2000, do not have a pre-AIPA 35 U.S.C. 102(e) date at all, but they may still be prior art under pre-AIA 35 U.S.C. 102(a) or (b) as of their publication date.
To learn more:
The accessibility of foreign patents is crucial in determining their use as prior art. Even if a foreign patent is difficult to access, it may still be considered prior art if it’s publicly available. The MPEP 2126 cites the case of In re Carlson, which states:
“We recognize that Geschmacksmuster on display for public view in remote cities in a far-away land may create a burden of discovery for one without the time, desire, or resources to journey there in person or by agent to observe that which was registered under German law. Such a burden, however, is by law imposed upon the hypothetical person of ordinary skill in the art who is charged with knowledge of all contents of the relevant prior art.”
This means that even if a foreign patent is difficult to access due to geographical or linguistic barriers, it can still be considered prior art if it’s technically available to the public.
To learn more:
Patent Procedure (4)
Pre-AIA 35 U.S.C. 102(b) is significant because it creates a statutory bar to obtaining a patent. According to the MPEP, If the publication or issue date of the reference is more than 1 year prior to the effective filing date of the claimed invention (MPEP § 2139.01), the reference qualifies as prior art under pre-AIA 35 U.S.C. 102(b).
This means that any public disclosure, such as a publication, patent, public use, or sale that occurred more than one year before the effective filing date of the claimed invention can prevent the issuance of a patent.
It’s important to note that there’s a grace period provision: Publications, patents, public uses and sales, however, will not bar a patent if the 1-year grace period otherwise ends on a Saturday, Sunday, or federal holiday and the application’s U.S. filing date is the next succeeding business day.
To learn more:
Pre-AIA 35 U.S.C. 102 subsections (a), (b), and (e) each define different types of prior art. According to MPEP 2139.02:
- 35 U.S.C. 102(a) covers knowledge or use by others in the U.S., or patents or printed publications anywhere, before the invention by the applicant.
- 35 U.S.C. 102(b) relates to public use or sale in the U.S., or patents or printed publications anywhere, more than one year before the application date.
- 35 U.S.C. 102(e) pertains to earlier-filed U.S. patent applications that are published or granted as patents.
Understanding these differences is crucial for patent examiners when evaluating prior art and determining patentability under the pre-AIA system. Each subsection has its own specific criteria and time frame for what qualifies as prior art.
To learn more:
The “pre-AIPA” version of 35 U.S.C. 102(e) refers to the law as it was in force on November 28, 2000, before the changes made by the American Inventors Protection Act (AIPA). This version applies to patents issued from international applications filed before November 29, 2000.
According to the MPEP, Patents issued directly, or indirectly, from international applications filed before November 29, 2000 may only be used as prior art based on the provisions of pre-AIPA 35 U.S.C. 102(e) as in force on November 28, 2000.
For these patents, the pre-AIPA 35 U.S.C. 102(e) date is the earliest of:
- The date of compliance with 35 U.S.C. 371(c)(1), (2) and (4)
- The filing date of a later-filed U.S. continuing application that claimed the benefit of the international application
It’s important to note that publications of international applications filed before November 29, 2000, do not have a pre-AIPA 35 U.S.C. 102(e) date at all, but they may still be prior art under pre-AIA 35 U.S.C. 102(a) or (b) as of their publication date.
To learn more:
The accessibility of foreign patents is crucial in determining their use as prior art. Even if a foreign patent is difficult to access, it may still be considered prior art if it’s publicly available. The MPEP 2126 cites the case of In re Carlson, which states:
“We recognize that Geschmacksmuster on display for public view in remote cities in a far-away land may create a burden of discovery for one without the time, desire, or resources to journey there in person or by agent to observe that which was registered under German law. Such a burden, however, is by law imposed upon the hypothetical person of ordinary skill in the art who is charged with knowledge of all contents of the relevant prior art.”
This means that even if a foreign patent is difficult to access due to geographical or linguistic barriers, it can still be considered prior art if it’s technically available to the public.
To learn more: