How does pre-AIA 35 U.S.C. 102(g) relate to ex parte rejections?
Pre-AIA 35 U.S.C. 102(g) can form the basis for an ex parte rejection under certain conditions. The MPEP states: Pre-AIA 35 U.S.C. 102(g) may form the basis for an ex parte rejection if: (1) the subject matter at issue has been actually reduced to practice by another before the inventor’s invention; and (2) there has…
Read MoreHow does pre-AIA 35 U.S.C. 102(g) interact with pre-AIA 35 U.S.C. 103?
Pre-AIA 35 U.S.C. 102(g) can interact with pre-AIA 35 U.S.C. 103 in patent examinations. The MPEP states: In addition, subject matter qualifying as prior art only under pre-AIA 35 U.S.C. 102(g) may also be the basis for an ex parte rejection under pre-AIA 35 U.S.C. 103. This means that an invention that qualifies as prior…
Read MoreWhat is pre-AIA 35 U.S.C. 102(f) and when does it apply?
Pre-AIA 35 U.S.C. 102(f) is a provision that bars the issuance of a patent where an applicant did not invent the subject matter being claimed. It applies to patent applications that are not subject to the first inventor to file (FITF) provisions of the America Invents Act (AIA). According to the MPEP, Pre-AIA 35 U.S.C.…
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 Pre-AIA 35 U.S.C. 102(d) and when does it apply?
Pre-AIA 35 U.S.C. 102(d) is a provision of patent law that establishes statutory bars against granting a patent in the United States under certain conditions related to foreign patents or inventor’s certificates. It’s important to note that this provision is not applicable to applications subject to examination under the first inventor to file (FITF) provisions…
Read MoreWhat is the significance of pre-AIA 35 U.S.C. 102(c) in patent law?
Pre-AIA 35 U.S.C. 102(c) is a provision in patent law that deals with the abandonment of an invention. According to MPEP 2134, “Under pre-AIA 35 U.S.C. 102(c), abandonment of the ‘invention’ (as distinguished from abandonment of an application) results in loss of right to a patent.” This means that if an inventor intentionally abandons their…
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 does “known or used by others in this country” mean in pre-AIA 35 U.S.C. 102(a)?
According to the MPEP, “The statutory language ‘known or used by others in this country’ [pre-AIA 35 U.S.C. 102(a)], means knowledge or use which is accessible to the public.” This interpretation was established in the case of Carella v. Starlight Archery. The MPEP further clarifies that for knowledge or use to be considered accessible to…
Read MoreHow does the MPEP address pre-AIA 35 U.S.C. 102 with respect to foreign patent dates?
The MPEP provides guidance on cases that discuss the date of patenting for foreign patents in the context of pre-AIA 35 U.S.C. 102. Specifically, MPEP 2126.01 states: “For a list of cases that discuss the date of patenting countries for purposes of pre-AIA 35 U.S.C. 102 in particular, see Chisum, Patents § 3.06[4] n.2.” (MPEP…
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