How 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…
Read MoreWhat is the significance of the In re Monks case for patent reference dates?
The In re Monks case is significant in establishing the general rule for when a foreign patent becomes available as a reference. MPEP 2126.01 cites this case: “In re Monks, 588 F.2d 308, 200 USPQ 129 (CCPA 1978).” (MPEP 2126.01) This case affirmed the principle that the date a foreign patent becomes available as a…
Read MoreHow does the In re Ekenstam case affect the availability of secret patents as references?
The In re Ekenstam case establishes an important exception to the general rule regarding the availability of foreign patents as references. MPEP 2126.01 mentions this case: “In re Ekenstam, 256 F.2d 321, 118 USPQ 349 (CCPA 1958).” (MPEP 2126.01) This case recognized that when a patent is kept secret even after rights are formally awarded,…
Read MoreWhat is the exception to the general rule for foreign patent reference dates?
While the general rule is that a foreign patent becomes available as a reference on the date it becomes enforceable, there is an important exception. The MPEP states: “There is an exception to this rule when the patent is secret as of the date the rights are awarded.” (MPEP 2126.01) This exception, based on the…
Read MoreWhen is a foreign patent considered available as a reference?
Generally, a foreign patent is considered available as a reference on the date it becomes enforceable. This is typically the date when the sovereign formally bestows patent rights to the applicant. As stated in the MPEP: “The date the patent is available as a reference is generally the date that the patent becomes enforceable. This…
Read MoreWhere can I find a summary of patenting dates for foreign patents?
The MPEP provides a convenient resource for finding patenting dates of foreign patents. As stated in MPEP 2126.01: “Note that MPEP § 901.05 summarizes in tabular form dates of patenting for many foreign patents.” (MPEP 2126.01) This tabular summary in MPEP § 901.05 can be a valuable reference for patent examiners, attorneys, and inventors when…
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