Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2100 – Patentability (1)
No, public knowledge is not necessarily the same as public use under pre-AIA 35 U.S.C. 102(b). The MPEP clearly states:
“Mere knowledge of the invention by the public does not warrant rejection under pre-AIA 35 U.S.C. 102(b). Pre-AIA 35 U.S.C. 102(b) bars public use or sale, not public knowledge.”
However, it’s important to note that while public knowledge may not constitute public use under 102(b), it could potentially provide grounds for rejection under other sections of the patent law, such as pre-AIA 35 U.S.C. 102(a).
To learn more:
MPEP 2133.03(A) – "Public Use" (1)
No, public knowledge is not necessarily the same as public use under pre-AIA 35 U.S.C. 102(b). The MPEP clearly states:
“Mere knowledge of the invention by the public does not warrant rejection under pre-AIA 35 U.S.C. 102(b). Pre-AIA 35 U.S.C. 102(b) bars public use or sale, not public knowledge.”
However, it’s important to note that while public knowledge may not constitute public use under 102(b), it could potentially provide grounds for rejection under other sections of the patent law, such as pre-AIA 35 U.S.C. 102(a).
To learn more:
Patent Law (1)
No, public knowledge is not necessarily the same as public use under pre-AIA 35 U.S.C. 102(b). The MPEP clearly states:
“Mere knowledge of the invention by the public does not warrant rejection under pre-AIA 35 U.S.C. 102(b). Pre-AIA 35 U.S.C. 102(b) bars public use or sale, not public knowledge.”
However, it’s important to note that while public knowledge may not constitute public use under 102(b), it could potentially provide grounds for rejection under other sections of the patent law, such as pre-AIA 35 U.S.C. 102(a).
To learn more:
Patent Procedure (1)
No, public knowledge is not necessarily the same as public use under pre-AIA 35 U.S.C. 102(b). The MPEP clearly states:
“Mere knowledge of the invention by the public does not warrant rejection under pre-AIA 35 U.S.C. 102(b). Pre-AIA 35 U.S.C. 102(b) bars public use or sale, not public knowledge.”
However, it’s important to note that while public knowledge may not constitute public use under 102(b), it could potentially provide grounds for rejection under other sections of the patent law, such as pre-AIA 35 U.S.C. 102(a).
To learn more: