What is the significance of the publication date for printed publications in patent law?

What is the significance of the publication date for printed publications in patent law? The publication date of a printed publication is crucial in patent law, particularly in determining its status as prior art. According to MPEP 2152.02(b): “Once an examiner determines that a document was published prior to the effective filing date of the…

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What are the exceptions to 35 U.S.C. 102(a)(1) and 102(a)(2) rejections?

What are the exceptions to 35 U.S.C. 102(a)(1) and 102(a)(2) rejections? There are several exceptions to 35 U.S.C. 102(a)(1) and 102(a)(2) rejections, which are outlined in 35 U.S.C. 102(b)(1) and 102(b)(2). These exceptions include: Grace period disclosures: Disclosures made by the inventor or joint inventor within one year of the effective filing date. Derived disclosures:…

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How does the AIA’s “on sale” provision differ from pre-AIA law?

While the AIA’s “on sale” provision is largely interpreted similarly to pre-AIA law, there are some key differences. The MPEP highlights two main distinctions: Geographic limitations: “Under AIA 35 U.S.C. 102(a)(1), there is no geographic limitation on where the sale or offer for sale may occur.” This contrasts with pre-AIA law, which limited “on sale”…

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