Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2100 – Patentability (2)
No, the date of conception or reduction to practice is not relevant for determining the pre-AIA 35 U.S.C. 102(e) reference date. The MPEP clearly states:
“When the cases are not in interference, the effective date of the reference as prior art is its filing date in the United States (which will include certain international filing dates), as stated in pre-AIA 35 U.S.C. 102(e). The date that the prior art subject matter was conceived or reduced to practice is of no importance when pre-AIA 35 U.S.C. 102(g) is not at issue.”
Key points to remember:
- The pre-AIA 35 U.S.C. 102(e) reference date is based on the filing date, not the date of conception or reduction to practice.
- This applies to U.S. patents and certain international applications with a U.S. filing date.
- The date of conception or reduction to practice only becomes relevant in interference proceedings or when pre-AIA 35 U.S.C. 102(g) is at issue.
This principle was affirmed in the case of Sun Studs, Inc. v. ATA Equip. Leasing, Inc., where the court held that when pre-AIA 35 U.S.C. 102(e) applies but not pre-AIA 35 U.S.C. 102(g), the filing date of the prior art patent is the earliest date that can be used to reject or invalidate claims.
To learn more:
No, a foreign priority date cannot be used as the pre-AIA 35 U.S.C. 102(e) reference date. The MPEP clearly states:
“Foreign applications’ filing dates that are claimed (via 35 U.S.C. 119(a)–(d), (f) or 35 U.S.C. 365(a)) in applications, which have been published as U.S. or WIPO application publications or patented in the U.S., may not be used as pre-AIA 35 U.S.C. 102(e) dates for prior art purposes. This includes international filing dates claimed as foreign priority dates under 35 U.S.C. 365(a).”
However, it’s important to note that while the foreign priority date cannot be used as the pre-AIA 35 U.S.C. 102(e) reference date, it can still be relevant in other contexts. For example, an applicant may be able to overcome a pre-AIA 35 U.S.C. 102(e) rejection by proving they are entitled to a 35 U.S.C. 119 priority date that is earlier than the reference’s U.S. filing date.
To learn more:
MPEP 2136.03 – Critical Reference Date (2)
No, the date of conception or reduction to practice is not relevant for determining the pre-AIA 35 U.S.C. 102(e) reference date. The MPEP clearly states:
“When the cases are not in interference, the effective date of the reference as prior art is its filing date in the United States (which will include certain international filing dates), as stated in pre-AIA 35 U.S.C. 102(e). The date that the prior art subject matter was conceived or reduced to practice is of no importance when pre-AIA 35 U.S.C. 102(g) is not at issue.”
Key points to remember:
- The pre-AIA 35 U.S.C. 102(e) reference date is based on the filing date, not the date of conception or reduction to practice.
- This applies to U.S. patents and certain international applications with a U.S. filing date.
- The date of conception or reduction to practice only becomes relevant in interference proceedings or when pre-AIA 35 U.S.C. 102(g) is at issue.
This principle was affirmed in the case of Sun Studs, Inc. v. ATA Equip. Leasing, Inc., where the court held that when pre-AIA 35 U.S.C. 102(e) applies but not pre-AIA 35 U.S.C. 102(g), the filing date of the prior art patent is the earliest date that can be used to reject or invalidate claims.
To learn more:
No, a foreign priority date cannot be used as the pre-AIA 35 U.S.C. 102(e) reference date. The MPEP clearly states:
“Foreign applications’ filing dates that are claimed (via 35 U.S.C. 119(a)–(d), (f) or 35 U.S.C. 365(a)) in applications, which have been published as U.S. or WIPO application publications or patented in the U.S., may not be used as pre-AIA 35 U.S.C. 102(e) dates for prior art purposes. This includes international filing dates claimed as foreign priority dates under 35 U.S.C. 365(a).”
However, it’s important to note that while the foreign priority date cannot be used as the pre-AIA 35 U.S.C. 102(e) reference date, it can still be relevant in other contexts. For example, an applicant may be able to overcome a pre-AIA 35 U.S.C. 102(e) rejection by proving they are entitled to a 35 U.S.C. 119 priority date that is earlier than the reference’s U.S. filing date.
To learn more:
Patent Law (2)
No, the date of conception or reduction to practice is not relevant for determining the pre-AIA 35 U.S.C. 102(e) reference date. The MPEP clearly states:
“When the cases are not in interference, the effective date of the reference as prior art is its filing date in the United States (which will include certain international filing dates), as stated in pre-AIA 35 U.S.C. 102(e). The date that the prior art subject matter was conceived or reduced to practice is of no importance when pre-AIA 35 U.S.C. 102(g) is not at issue.”
Key points to remember:
- The pre-AIA 35 U.S.C. 102(e) reference date is based on the filing date, not the date of conception or reduction to practice.
- This applies to U.S. patents and certain international applications with a U.S. filing date.
- The date of conception or reduction to practice only becomes relevant in interference proceedings or when pre-AIA 35 U.S.C. 102(g) is at issue.
This principle was affirmed in the case of Sun Studs, Inc. v. ATA Equip. Leasing, Inc., where the court held that when pre-AIA 35 U.S.C. 102(e) applies but not pre-AIA 35 U.S.C. 102(g), the filing date of the prior art patent is the earliest date that can be used to reject or invalidate claims.
To learn more:
No, a foreign priority date cannot be used as the pre-AIA 35 U.S.C. 102(e) reference date. The MPEP clearly states:
“Foreign applications’ filing dates that are claimed (via 35 U.S.C. 119(a)–(d), (f) or 35 U.S.C. 365(a)) in applications, which have been published as U.S. or WIPO application publications or patented in the U.S., may not be used as pre-AIA 35 U.S.C. 102(e) dates for prior art purposes. This includes international filing dates claimed as foreign priority dates under 35 U.S.C. 365(a).”
However, it’s important to note that while the foreign priority date cannot be used as the pre-AIA 35 U.S.C. 102(e) reference date, it can still be relevant in other contexts. For example, an applicant may be able to overcome a pre-AIA 35 U.S.C. 102(e) rejection by proving they are entitled to a 35 U.S.C. 119 priority date that is earlier than the reference’s U.S. filing date.
To learn more:
Patent Procedure (2)
No, the date of conception or reduction to practice is not relevant for determining the pre-AIA 35 U.S.C. 102(e) reference date. The MPEP clearly states:
“When the cases are not in interference, the effective date of the reference as prior art is its filing date in the United States (which will include certain international filing dates), as stated in pre-AIA 35 U.S.C. 102(e). The date that the prior art subject matter was conceived or reduced to practice is of no importance when pre-AIA 35 U.S.C. 102(g) is not at issue.”
Key points to remember:
- The pre-AIA 35 U.S.C. 102(e) reference date is based on the filing date, not the date of conception or reduction to practice.
- This applies to U.S. patents and certain international applications with a U.S. filing date.
- The date of conception or reduction to practice only becomes relevant in interference proceedings or when pre-AIA 35 U.S.C. 102(g) is at issue.
This principle was affirmed in the case of Sun Studs, Inc. v. ATA Equip. Leasing, Inc., where the court held that when pre-AIA 35 U.S.C. 102(e) applies but not pre-AIA 35 U.S.C. 102(g), the filing date of the prior art patent is the earliest date that can be used to reject or invalidate claims.
To learn more:
No, a foreign priority date cannot be used as the pre-AIA 35 U.S.C. 102(e) reference date. The MPEP clearly states:
“Foreign applications’ filing dates that are claimed (via 35 U.S.C. 119(a)–(d), (f) or 35 U.S.C. 365(a)) in applications, which have been published as U.S. or WIPO application publications or patented in the U.S., may not be used as pre-AIA 35 U.S.C. 102(e) dates for prior art purposes. This includes international filing dates claimed as foreign priority dates under 35 U.S.C. 365(a).”
However, it’s important to note that while the foreign priority date cannot be used as the pre-AIA 35 U.S.C. 102(e) reference date, it can still be relevant in other contexts. For example, an applicant may be able to overcome a pre-AIA 35 U.S.C. 102(e) rejection by proving they are entitled to a 35 U.S.C. 119 priority date that is earlier than the reference’s U.S. filing date.
To learn more: