What is the relevance of pre-AIA 35 U.S.C. 102(g) in patent law?
Pre-AIA 35 U.S.C. 102(g) is a provision in U.S. patent law that was relevant before the America Invents Act (AIA) came into effect. According to MPEP 2138.02: “Prior art under pre-AIA 35 U.S.C. 102(g) is limited to an invention that is made.” This section of the law was significant because it: Defined what could be…
Read MoreWhat is the significance of NAFTA and WTO member countries in establishing invention dates?
The significance of NAFTA (North American Free Trade Agreement) and WTO (World Trade Organization) member countries in establishing invention dates relates to changes in U.S. patent law that expanded the geographical scope for proving invention dates. According to MPEP 2138.02: “Pre-AIA 35 U.S.C. 104, as amended by GATT (Public Law 103-465, 108 Stat. 4809 (1994))…
Read MoreHow is an invention “made” according to patent law?
In patent law, an invention is considered “made” when two key elements are present: conception and reduction to practice. The MPEP 2138.02 cites a specific case to define this: “An invention is made when there is a conception and a reduction to practice. Dunn v. Ragin, 50 USPQ 472, 474 (Bd. Pat. Inter. 1941).” This…
Read MoreWhat does “The Invention Was Made in This Country” mean in patent law?
The phrase “The Invention Was Made in This Country” refers to a specific requirement in pre-AIA (pre-America Invents Act) U.S. patent law. According to MPEP 2138.02, this requirement is related to prior art under pre-AIA 35 U.S.C. 102(g). The MPEP states: “Subject matter under pre-AIA 35 U.S.C. 102(g) is available only if made in this…
Read MoreHow does the America Invents Act (AIA) affect the “invention made in this country” requirement?
The America Invents Act (AIA) significantly changed the U.S. patent system, including the relevance of where an invention was made. The MPEP 2138.02 notes: “This MPEP section has limited applicability to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note).” This…
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