How does the USPTO treat admissions under the AIA?
The United States Patent and Trademark Office (USPTO) continues to treat admissions by applicants as prior art under the America Invents Act (AIA). This approach is consistent with pre-AIA practice. According to MPEP 2152.03: “The Office will continue to treat admissions by the applicant as prior art under the AIA.” This means that any statement…
Read MoreWhat is the legal basis for using admissions as prior art?
The use of admissions as prior art in patent law is supported by case law. Two significant cases cited in the MPEP provide the legal basis for this practice: Riverwood Int’l Corp. v. R.A. Jones & Co., 324 F.3d 1346, 1354, 66 USPQ2d 1331, 1337 (Fed. Cir. 2003) Constant v. Advanced Micro-Devices Inc., 848 F.2d…
Read MoreWhat is the difference between FITF and pre-AIA applications regarding admissions?
The treatment of admissions differs between applications subject to the First Inventor to File (FITF) provisions of the America Invents Act (AIA) and pre-AIA applications. MPEP 2152.03 specifically notes: “[Editor Note: This MPEP section is only applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set…
Read MoreWhat are admissions in patent law?
In patent law, admissions refer to statements made by an applicant in the specification or during prosecution that identify the work of another as “prior art.” These admissions can be used by the United States Patent and Trademark Office (USPTO) as prior art for both anticipation and obviousness determinations. As stated in MPEP 2152.03: “A…
Read MoreHow do admissions affect anticipation and obviousness determinations?
Admissions by an applicant can significantly impact both anticipation and obviousness determinations in patent examination. As stated in MPEP 2152.03: “A statement by an applicant in the specification or made during prosecution identifying the work of another as ‘prior art’ is an admission which can be relied upon for both anticipation and obviousness determinations, regardless…
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