Patent Law FAQ

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:

• pre-AIPA
• 35 U.S.C. 102(e)
• international applications
• prior art
• effective date

Foreign priority does not affect the calculation of patent term in the United States. As stated in the MPEP, Foreign priority under 35 U.S.C. 119(a)-(d), 365(a), 365(b), 386(a), or 386(b) is not considered in determining the term of a patent. This means that the 20-year term is calculated from the U.S. filing date, not the foreign priority date.

To learn more:

• foreign priority
• patent term
• international applications

Foreign priority does not affect the calculation of patent term in the United States. As stated in the MPEP, Foreign priority under 35 U.S.C. 119(a)-(d), 365(a), 365(b), 386(a), or 386(b) is not considered in determining the term of a patent. This means that the 20-year term is calculated from the U.S. filing date, not the foreign priority date.

To learn more:

• foreign priority
• patent term
• international applications

35 U.S.C. 365 addresses the right of priority for international applications in two key aspects:

1. National applications based on international applications
2. International applications based on foreign applications

The MPEP states:

“35 U.S.C. 365(a) provides that a national application shall be entitled to the right of priority based on a prior international application of whatever origin, which designated any country other than, or in addition to, the United States.”

“35 U.S.C. 365(b) provides that an international application designating the United States shall be entitled to the right of priority of a prior foreign application which may either be another international application or a regularly filed foreign application.”

These provisions ensure that applicants can claim priority based on international applications, enhancing the flexibility of the international patent system.

There are three main types of national applications for patents in the United States:

• Nonprovisional applications filed under 35 U.S.C. 111(a)
• Provisional applications filed under 35 U.S.C. 111(b)
• International applications that have entered the national stage in the United States

As stated in MPEP 201.01: “Applications filed under 35 U.S.C. 111(a) include original nonprovisional utility, plant, design, divisional, continuation, and continuation-in-part applications filed under 37 CFR 1.53(b), reissue applications filed under 37 CFR 1.53(b), and design patent continued prosecution applications (CPAs) filed under 37 CFR 1.53(d).”

For more information on international applications, visit: international applications.

For more information on nonprovisional applications, visit: nonprovisional applications.

According to 37 CFR 1.9(a)(1), a national application is defined as:

• A U.S. application for patent filed in the USPTO under 35 U.S.C. 111
• An international application filed under the Patent Cooperation Treaty in which the basic national fee under 35 U.S.C. 41(a)(1)(F) has been paid
• An international design application filed under the Hague Agreement in which the USPTO has received a copy of the international registration pursuant to Hague Agreement Article 10

This definition encompasses various types of patent applications that are treated as national applications by the USPTO.

Claiming priority to a PCT international application can be done in two ways:

1. In a U.S. national stage application under 35 U.S.C. 371:
   • The priority claim is made in the PCT application
   • No further action is needed when entering the national stage
2. In a U.S. nonprovisional application under 35 U.S.C. 111(a):
   • File within 12 months of the PCT filing date
   • Make the priority claim in an application data sheet
   • Provide a certified copy of the PCT application (unless already filed with the PCT)

In both cases, the PCT application must designate the United States. The specific requirements are detailed in 37 CFR 1.55(d)(2) and (f)(2) for national stage applications, and 37 CFR 1.55(d)(1) and (f)(1) for applications under 35 U.S.C. 111(a).

According to 37 CFR 1.9(a)(1), a national application is defined as:

• A U.S. application for patent filed in the USPTO under 35 U.S.C. 111
• An international application filed under the Patent Cooperation Treaty in which the basic national fee under 35 U.S.C. 41(a)(1)(F) has been paid
• An international design application filed under the Hague Agreement in which the USPTO has received a copy of the international registration pursuant to Hague Agreement Article 10

This definition encompasses various types of patent applications that are treated as national applications by the USPTO.

There are three main types of national applications for patents in the United States:

• Nonprovisional applications filed under 35 U.S.C. 111(a)
• Provisional applications filed under 35 U.S.C. 111(b)
• International applications that have entered the national stage in the United States

As stated in MPEP 201.01: “Applications filed under 35 U.S.C. 111(a) include original nonprovisional utility, plant, design, divisional, continuation, and continuation-in-part applications filed under 37 CFR 1.53(b), reissue applications filed under 37 CFR 1.53(b), and design patent continued prosecution applications (CPAs) filed under 37 CFR 1.53(d).”

For more information on international applications, visit: international applications.

For more information on nonprovisional applications, visit: nonprovisional applications.

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:

• pre-AIPA
• 35 U.S.C. 102(e)
• international applications
• prior art
• effective date

Claiming priority to a PCT international application can be done in two ways:

1. In a U.S. national stage application under 35 U.S.C. 371:
   • The priority claim is made in the PCT application
   • No further action is needed when entering the national stage
2. In a U.S. nonprovisional application under 35 U.S.C. 111(a):
   • File within 12 months of the PCT filing date
   • Make the priority claim in an application data sheet
   • Provide a certified copy of the PCT application (unless already filed with the PCT)

In both cases, the PCT application must designate the United States. The specific requirements are detailed in 37 CFR 1.55(d)(2) and (f)(2) for national stage applications, and 37 CFR 1.55(d)(1) and (f)(1) for applications under 35 U.S.C. 111(a).

35 U.S.C. 365 addresses the right of priority for international applications in two key aspects:

1. National applications based on international applications
2. International applications based on foreign applications

The MPEP states:

“35 U.S.C. 365(a) provides that a national application shall be entitled to the right of priority based on a prior international application of whatever origin, which designated any country other than, or in addition to, the United States.”

“35 U.S.C. 365(b) provides that an international application designating the United States shall be entitled to the right of priority of a prior foreign application which may either be another international application or a regularly filed foreign application.”

These provisions ensure that applicants can claim priority based on international applications, enhancing the flexibility of the international patent system.

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:

• pre-AIPA
• 35 U.S.C. 102(e)
• international applications
• prior art
• effective date

Foreign priority does not affect the calculation of patent term in the United States. As stated in the MPEP, Foreign priority under 35 U.S.C. 119(a)-(d), 365(a), 365(b), 386(a), or 386(b) is not considered in determining the term of a patent. This means that the 20-year term is calculated from the U.S. filing date, not the foreign priority date.

To learn more:

• foreign priority
• patent term
• international applications

Foreign priority does not affect the calculation of patent term in the United States. As stated in the MPEP, Foreign priority under 35 U.S.C. 119(a)-(d), 365(a), 365(b), 386(a), or 386(b) is not considered in determining the term of a patent. This means that the 20-year term is calculated from the U.S. filing date, not the foreign priority date.

To learn more:

• foreign priority
• patent term
• international applications

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:

• pre-AIPA
• 35 U.S.C. 102(e)
• international applications
• prior art
• effective date

According to 37 CFR 1.9(a)(1), a national application is defined as:

• A U.S. application for patent filed in the USPTO under 35 U.S.C. 111
• An international application filed under the Patent Cooperation Treaty in which the basic national fee under 35 U.S.C. 41(a)(1)(F) has been paid
• An international design application filed under the Hague Agreement in which the USPTO has received a copy of the international registration pursuant to Hague Agreement Article 10

This definition encompasses various types of patent applications that are treated as national applications by the USPTO.

Claiming priority to a PCT international application can be done in two ways:

1. In a U.S. national stage application under 35 U.S.C. 371:
   • The priority claim is made in the PCT application
   • No further action is needed when entering the national stage
2. In a U.S. nonprovisional application under 35 U.S.C. 111(a):
   • File within 12 months of the PCT filing date
   • Make the priority claim in an application data sheet
   • Provide a certified copy of the PCT application (unless already filed with the PCT)

In both cases, the PCT application must designate the United States. The specific requirements are detailed in 37 CFR 1.55(d)(2) and (f)(2) for national stage applications, and 37 CFR 1.55(d)(1) and (f)(1) for applications under 35 U.S.C. 111(a).

35 U.S.C. 365 addresses the right of priority for international applications in two key aspects:

1. National applications based on international applications
2. International applications based on foreign applications

The MPEP states:

“35 U.S.C. 365(a) provides that a national application shall be entitled to the right of priority based on a prior international application of whatever origin, which designated any country other than, or in addition to, the United States.”

“35 U.S.C. 365(b) provides that an international application designating the United States shall be entitled to the right of priority of a prior foreign application which may either be another international application or a regularly filed foreign application.”

These provisions ensure that applicants can claim priority based on international applications, enhancing the flexibility of the international patent system.

Foreign priority does not affect the calculation of patent term in the United States. As stated in the MPEP, Foreign priority under 35 U.S.C. 119(a)-(d), 365(a), 365(b), 386(a), or 386(b) is not considered in determining the term of a patent. This means that the 20-year term is calculated from the U.S. filing date, not the foreign priority date.

To learn more:

• foreign priority
• patent term
• international applications

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:

• pre-AIPA
• 35 U.S.C. 102(e)
• international applications
• prior art
• effective date

There are three main types of national applications for patents in the United States:

• Nonprovisional applications filed under 35 U.S.C. 111(a)
• Provisional applications filed under 35 U.S.C. 111(b)
• International applications that have entered the national stage in the United States

As stated in MPEP 201.01: “Applications filed under 35 U.S.C. 111(a) include original nonprovisional utility, plant, design, divisional, continuation, and continuation-in-part applications filed under 37 CFR 1.53(b), reissue applications filed under 37 CFR 1.53(b), and design patent continued prosecution applications (CPAs) filed under 37 CFR 1.53(d).”

For more information on international applications, visit: international applications.

For more information on nonprovisional applications, visit: nonprovisional applications.

According to 37 CFR 1.9(a)(1), a national application is defined as:

• A U.S. application for patent filed in the USPTO under 35 U.S.C. 111
• An international application filed under the Patent Cooperation Treaty in which the basic national fee under 35 U.S.C. 41(a)(1)(F) has been paid
• An international design application filed under the Hague Agreement in which the USPTO has received a copy of the international registration pursuant to Hague Agreement Article 10

This definition encompasses various types of patent applications that are treated as national applications by the USPTO.

Claiming priority to a PCT international application can be done in two ways:

1. In a U.S. national stage application under 35 U.S.C. 371:
   • The priority claim is made in the PCT application
   • No further action is needed when entering the national stage
2. In a U.S. nonprovisional application under 35 U.S.C. 111(a):
   • File within 12 months of the PCT filing date
   • Make the priority claim in an application data sheet
   • Provide a certified copy of the PCT application (unless already filed with the PCT)

In both cases, the PCT application must designate the United States. The specific requirements are detailed in 37 CFR 1.55(d)(2) and (f)(2) for national stage applications, and 37 CFR 1.55(d)(1) and (f)(1) for applications under 35 U.S.C. 111(a).

35 U.S.C. 365 addresses the right of priority for international applications in two key aspects:

1. National applications based on international applications
2. International applications based on foreign applications

The MPEP states:

“35 U.S.C. 365(a) provides that a national application shall be entitled to the right of priority based on a prior international application of whatever origin, which designated any country other than, or in addition to, the United States.”

“35 U.S.C. 365(b) provides that an international application designating the United States shall be entitled to the right of priority of a prior foreign application which may either be another international application or a regularly filed foreign application.”

These provisions ensure that applicants can claim priority based on international applications, enhancing the flexibility of the international patent system.

Foreign priority does not affect the calculation of patent term in the United States. As stated in the MPEP, Foreign priority under 35 U.S.C. 119(a)-(d), 365(a), 365(b), 386(a), or 386(b) is not considered in determining the term of a patent. This means that the 20-year term is calculated from the U.S. filing date, not the foreign priority date.

To learn more:

• foreign priority
• patent term
• international applications

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:

• pre-AIPA
• 35 U.S.C. 102(e)
• international applications
• prior art
• effective date

There are three main types of national applications for patents in the United States:

• Nonprovisional applications filed under 35 U.S.C. 111(a)
• Provisional applications filed under 35 U.S.C. 111(b)
• International applications that have entered the national stage in the United States

As stated in MPEP 201.01: “Applications filed under 35 U.S.C. 111(a) include original nonprovisional utility, plant, design, divisional, continuation, and continuation-in-part applications filed under 37 CFR 1.53(b), reissue applications filed under 37 CFR 1.53(b), and design patent continued prosecution applications (CPAs) filed under 37 CFR 1.53(d).”

For more information on international applications, visit: international applications.

For more information on nonprovisional applications, visit: nonprovisional applications.