Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
(B) (1)
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:
MPEP 2100 – Patentability (2)
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:
Yes, in some circumstances, a secret or confidential use of an invention can constitute public use under pre-AIA 35 U.S.C. 102(b). The MPEP explains:
“[S]ecrecy of use alone is not sufficient to show that existing knowledge has not been withdrawn from public use; commercial exploitation is also forbidden.”
This means that even if an invention is used secretly, if it’s being commercially exploited, it may still be considered a public use. However, the mere fact that an invention is used internally by the inventor or their company to develop future products that are never sold is not sufficient by itself to create a public use bar.
It’s important to note that “public” is not necessarily synonymous with “non-secret.” The determination of whether a use is public depends on various factors, including the nature of the activity, public access, confidentiality obligations, and commercial exploitation.
To learn more:
MPEP 2133.03(A) – "Public Use" (1)
Yes, in some circumstances, a secret or confidential use of an invention can constitute public use under pre-AIA 35 U.S.C. 102(b). The MPEP explains:
“[S]ecrecy of use alone is not sufficient to show that existing knowledge has not been withdrawn from public use; commercial exploitation is also forbidden.”
This means that even if an invention is used secretly, if it’s being commercially exploited, it may still be considered a public use. However, the mere fact that an invention is used internally by the inventor or their company to develop future products that are never sold is not sufficient by itself to create a public use bar.
It’s important to note that “public” is not necessarily synonymous with “non-secret.” The determination of whether a use is public depends on various factors, including the nature of the activity, public access, confidentiality obligations, and commercial exploitation.
To learn more:
MPEP 2139.02 – Determining Whether To Apply Pre – Aia 35 U.S.C. 102(A) (1)
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:
Or (E) (1)
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:
Patent Law (2)
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:
Yes, in some circumstances, a secret or confidential use of an invention can constitute public use under pre-AIA 35 U.S.C. 102(b). The MPEP explains:
“[S]ecrecy of use alone is not sufficient to show that existing knowledge has not been withdrawn from public use; commercial exploitation is also forbidden.”
This means that even if an invention is used secretly, if it’s being commercially exploited, it may still be considered a public use. However, the mere fact that an invention is used internally by the inventor or their company to develop future products that are never sold is not sufficient by itself to create a public use bar.
It’s important to note that “public” is not necessarily synonymous with “non-secret.” The determination of whether a use is public depends on various factors, including the nature of the activity, public access, confidentiality obligations, and commercial exploitation.
To learn more:
Patent Procedure (2)
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:
Yes, in some circumstances, a secret or confidential use of an invention can constitute public use under pre-AIA 35 U.S.C. 102(b). The MPEP explains:
“[S]ecrecy of use alone is not sufficient to show that existing knowledge has not been withdrawn from public use; commercial exploitation is also forbidden.”
This means that even if an invention is used secretly, if it’s being commercially exploited, it may still be considered a public use. However, the mere fact that an invention is used internally by the inventor or their company to develop future products that are never sold is not sufficient by itself to create a public use bar.
It’s important to note that “public” is not necessarily synonymous with “non-secret.” The determination of whether a use is public depends on various factors, including the nature of the activity, public access, confidentiality obligations, and commercial exploitation.
To learn more: