Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2100 – Patentability (2)
Yes, the methods used to overcome a 35 U.S.C. 102(a)(1) or 102(a)(2) rejection can also be used to overcome a 35 U.S.C. 103 rejection that is based on 35 U.S.C. 102(a)(1) or 102(a)(2) prior art.
MPEP 2152.06 explicitly states: “Note that all of the ways of overcoming a 35 U.S.C. 102(a)(1) or 102(a)(2) rejection mentioned in this subsection may also be used to overcome a 35 U.S.C. 103 rejection that is based on 35 U.S.C. 102(a)(1) or 102(a)(2) prior art.“
This means that benefit claims, priority claims, affidavits or declarations under 37 CFR 1.130, and establishing common ownership or a Joint Research Agreement can all be used to address both 102 and 103 rejections based on the same prior art.
To learn more:
How does public accessibility affect the status of a printed publication in patent law?
Public accessibility is a crucial factor in determining whether a document qualifies as a printed publication under patent law. According to MPEP 2152.02(b):
“The public accessibility of the material is the key inquiry in determining whether a reference qualifies as a ‘printed publication’ bar under 35 U.S.C. 102(a)(1).”
This means that:
- The material must be accessible to the public or to persons interested and ordinarily skilled in the subject matter.
- There must be no reasonable expectation of secrecy.
- The date of public accessibility is considered the publication date.
For example, a thesis in a university library or a paper presented at a conference may be considered publicly accessible if it’s available to those interested in the field without restriction.
To learn more:
MPEP 2152.02(B) – Described In A Printed Publication (1)
How does public accessibility affect the status of a printed publication in patent law?
Public accessibility is a crucial factor in determining whether a document qualifies as a printed publication under patent law. According to MPEP 2152.02(b):
“The public accessibility of the material is the key inquiry in determining whether a reference qualifies as a ‘printed publication’ bar under 35 U.S.C. 102(a)(1).”
This means that:
- The material must be accessible to the public or to persons interested and ordinarily skilled in the subject matter.
- There must be no reasonable expectation of secrecy.
- The date of public accessibility is considered the publication date.
For example, a thesis in a university library or a paper presented at a conference may be considered publicly accessible if it’s available to those interested in the field without restriction.
To learn more:
MPEP 2152.06 – Overcoming A 35 U.S.C. 102(A)(1) Or 102(A)(2) Rejection (1)
Yes, the methods used to overcome a 35 U.S.C. 102(a)(1) or 102(a)(2) rejection can also be used to overcome a 35 U.S.C. 103 rejection that is based on 35 U.S.C. 102(a)(1) or 102(a)(2) prior art.
MPEP 2152.06 explicitly states: “Note that all of the ways of overcoming a 35 U.S.C. 102(a)(1) or 102(a)(2) rejection mentioned in this subsection may also be used to overcome a 35 U.S.C. 103 rejection that is based on 35 U.S.C. 102(a)(1) or 102(a)(2) prior art.“
This means that benefit claims, priority claims, affidavits or declarations under 37 CFR 1.130, and establishing common ownership or a Joint Research Agreement can all be used to address both 102 and 103 rejections based on the same prior art.
To learn more:
Patent Law (2)
Yes, the methods used to overcome a 35 U.S.C. 102(a)(1) or 102(a)(2) rejection can also be used to overcome a 35 U.S.C. 103 rejection that is based on 35 U.S.C. 102(a)(1) or 102(a)(2) prior art.
MPEP 2152.06 explicitly states: “Note that all of the ways of overcoming a 35 U.S.C. 102(a)(1) or 102(a)(2) rejection mentioned in this subsection may also be used to overcome a 35 U.S.C. 103 rejection that is based on 35 U.S.C. 102(a)(1) or 102(a)(2) prior art.“
This means that benefit claims, priority claims, affidavits or declarations under 37 CFR 1.130, and establishing common ownership or a Joint Research Agreement can all be used to address both 102 and 103 rejections based on the same prior art.
To learn more:
How does public accessibility affect the status of a printed publication in patent law?
Public accessibility is a crucial factor in determining whether a document qualifies as a printed publication under patent law. According to MPEP 2152.02(b):
“The public accessibility of the material is the key inquiry in determining whether a reference qualifies as a ‘printed publication’ bar under 35 U.S.C. 102(a)(1).”
This means that:
- The material must be accessible to the public or to persons interested and ordinarily skilled in the subject matter.
- There must be no reasonable expectation of secrecy.
- The date of public accessibility is considered the publication date.
For example, a thesis in a university library or a paper presented at a conference may be considered publicly accessible if it’s available to those interested in the field without restriction.
To learn more:
Patent Procedure (2)
Yes, the methods used to overcome a 35 U.S.C. 102(a)(1) or 102(a)(2) rejection can also be used to overcome a 35 U.S.C. 103 rejection that is based on 35 U.S.C. 102(a)(1) or 102(a)(2) prior art.
MPEP 2152.06 explicitly states: “Note that all of the ways of overcoming a 35 U.S.C. 102(a)(1) or 102(a)(2) rejection mentioned in this subsection may also be used to overcome a 35 U.S.C. 103 rejection that is based on 35 U.S.C. 102(a)(1) or 102(a)(2) prior art.“
This means that benefit claims, priority claims, affidavits or declarations under 37 CFR 1.130, and establishing common ownership or a Joint Research Agreement can all be used to address both 102 and 103 rejections based on the same prior art.
To learn more:
How does public accessibility affect the status of a printed publication in patent law?
Public accessibility is a crucial factor in determining whether a document qualifies as a printed publication under patent law. According to MPEP 2152.02(b):
“The public accessibility of the material is the key inquiry in determining whether a reference qualifies as a ‘printed publication’ bar under 35 U.S.C. 102(a)(1).”
This means that:
- The material must be accessible to the public or to persons interested and ordinarily skilled in the subject matter.
- There must be no reasonable expectation of secrecy.
- The date of public accessibility is considered the publication date.
For example, a thesis in a university library or a paper presented at a conference may be considered publicly accessible if it’s available to those interested in the field without restriction.
To learn more: