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…
Read MoreWhat are the prior art exceptions under 35 U.S.C. 102(b)(1)?
The prior art exceptions under 35 U.S.C. 102(b)(1) are provisions that exclude certain disclosures from being considered as prior art under the America Invents Act (AIA). These exceptions apply to the first inventor to file (FITF) provisions of the AIA. The MPEP states: See MPEP § 2153.01 for prior art exceptions based on grace period…
Read MoreHow does the AIA treat an inventor’s own prior use compared to pre-AIA law?
The AIA treats an inventor’s own prior use differently from pre-AIA law. Under the AIA, an inventor’s own public use is subject to the same rules as third-party public uses, but with important exceptions. The MPEP explains: “The public use provision of AIA 35 U.S.C. 102(a)(1) thus has the same substantive scope, with respect to…
Read MoreWhat 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:…
Read MoreWhat are the exceptions to public use under AIA 35 U.S.C. 102(b)(1)?
The AIA provides exceptions to what would otherwise be considered public use under 35 U.S.C. 102(a)(1). These exceptions are outlined in 35 U.S.C. 102(b)(1). The MPEP states: “[C]ertain uses or sales are subject to the exceptions in 35 U.S.C. 102(b)(1), e.g., uses or sales by the inventor or a joint inventor (or have originated with…
Read MoreAre there any exceptions to the prior art under AIA 35 U.S.C. 102(a)(1)?
Yes, there are exceptions to what constitutes prior art under AIA 35 U.S.C. 102(a)(1). The MPEP notes: “However, disclosures of the subject matter made one year or less before the effective filing date of the claimed invention by the inventor or a joint inventor or another who obtained the subject matter directly or indirectly from…
Read MoreWhat is the one-year grace period under AIA 35 U.S.C. 102(b)(1)?
The AIA introduced a one-year grace period for certain disclosures made by or derived from the inventor. This grace period is defined in AIA 35 U.S.C. 102(b)(1). The MPEP explains: AIA 35 U.S.C. 102(b)(1) effectively provides a one-year grace period (grace period) after a first inventor-originated disclosure of an invention (i.e. a disclosure by an…
Read MoreHow 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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