What is the significance of the America Invents Act (AIA) in determining which version of 35 U.S.C. 102 to apply?
The America Invents Act (AIA) introduced significant changes to U.S. patent law, particularly regarding the application of 35 U.S.C. 102. According to MPEP 2139.02: “The America Invents Act (AIA) revised 35 U.S.C. 102 and thereby, the provisions that govern which version of 35 U.S.C. 102 to apply to any particular application or patent.” This means…
Read MoreHow does the AIA’s first-inventor-to-file system affect the application of 35 U.S.C. 102?
The America Invents Act (AIA) introduced a significant change to U.S. patent law by implementing a first-inventor-to-file system. This change directly affects how 35 U.S.C. 102 is applied. MPEP 2139.02 indicates: “The AIA revisions to 35 U.S.C. 102 and 103 apply to any patent application that contains or contained at any time a claim to…
Read MoreHow does the accessibility of foreign patents affect their use as prior art?
The accessibility of foreign patents is crucial in determining their use as prior art. Even if a foreign patent is difficult to access, it may still be considered prior art if it’s publicly available. The MPEP 2126 cites the case of In re Carlson, which states: “We recognize that Geschmacksmuster on display for public view…
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