What is the significance of the March 16, 2013 date in patent law?
March 16, 2013, is a crucial date in U.S. patent law as it marks the implementation of the America Invents Act (AIA), which significantly changed the patent system. The MPEP highlights this date’s importance: The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of…
Read MoreCan a secret patent be used as prior art under 35 U.S.C. 102(a) or pre-AIA 35 U.S.C. 102(a) or (b)?
No, a secret patent cannot be used as prior art under 35 U.S.C. 102(a) or pre-AIA 35 U.S.C. 102(a) or (b). The MPEP 2126 states: “Even if a patent grants an exclusionary right (is enforceable), it is not available as prior art under 35 U.S.C. 102(a) or pre-AIA 35 U.S.C. 102(a) or (b) if it…
Read MoreWhat is the “pre-AIPA” version of 35 U.S.C. 102(e) and when does it apply?
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…
Read MoreHow does pre-AIA 35 U.S.C. 102(e) apply to international applications?
Pre-AIA 35 U.S.C. 102(e) applies to certain international applications as prior art. According to the MPEP, The prior art date of a reference under pre-AIA 35 U.S.C. 102(e) may be the international filing date if the international filing date was on or after November 29, 2000, the international application designated the United States, and the…
Read MoreHow does pre-AIA 35 U.S.C. 102(d) treat patents with a period of secrecy?
Under pre-AIA 35 U.S.C. 102(d), patents that have a period of secrecy after granting are treated differently than under other subsections of 35 U.S.C. 102. According to MPEP 2126: “But a period of secrecy after granting the patent has been held to have no effect in connection with pre-AIA 35 U.S.C. 102(d). These patents are…
Read MoreWhat is the significance of pre-AIA 35 U.S.C. 102(b) in determining prior art?
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…
Read MoreWhat is the significance of the publication date for a U.S. patent document in prior art rejections?
The publication date of a U.S. patent document is crucial for determining its eligibility as prior art in patent rejections. According to MPEP 2126: “The date that the patent is made available to the public is the date it is available as a 35 U.S.C. 102(a) or pre-AIA 35 U.S.C. 102(a) and (b) reference.” This…
Read MoreWhat constitutes a “patent” for rejection purposes under 35 U.S.C. 102(a) or pre-AIA 35 U.S.C. 102(a) and (b)?
The designation of a document as a “patent” by a foreign country does not automatically qualify it as a patent for rejection purposes under U.S. patent law. As stated in MPEP 2126: “It is the substance of the rights conferred and the way information within the ‘patent’ is controlled that is determinative.” This means that…
Read MoreWhen is a patent considered available to the public for prior art purposes?
A patent is considered available to the public for prior art purposes under 35 U.S.C. 102(a) or pre-AIA 35 U.S.C. 102(a) or (b) when it is made sufficiently accessible. According to MPEP 2126: “The patent is sufficiently available to the public for the purposes of 35 U.S.C. 102(a) or pre-AIA 35 U.S.C. 102(a) or (b)…
Read MoreHow can I overcome a rejection based on 35 U.S.C. 102 prior art?
There are several ways to overcome a rejection based on 35 U.S.C. 102 prior art. The MPEP provides guidance on this: In all applications, an applicant may overcome a 35 U.S.C. 102 rejection by persuasively arguing that the claims are patentably distinguishable from the prior art, or by amending the claims to patentably distinguish over…
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