What is Pre-AIA 35 U.S.C. 102(d) and when does it apply?
Pre-AIA 35 U.S.C. 102(d) is a provision of patent law that establishes statutory bars against granting a patent in the United States under certain conditions related to foreign patents or inventor’s certificates. It’s important to note that this provision is not applicable to applications subject to examination under the first inventor to file (FITF) provisions…
Read MoreHow does the AIA affect the critical reference date?
The America Invents Act (AIA) significantly changed the determination of the critical reference date for U.S. patents and patent application publications. MPEP 2136.03 explains: “AIA 35 U.S.C. 102(d) provides that if the U.S. patent, U.S. patent application publication, or WIPO published application names another inventor and was effectively filed before the effective filing date of…
Read MoreWhat is the significance of the “effectively filed” date under AIA 35 U.S.C. 102(d)?
The concept of “effectively filed” date is crucial for determining whether a U.S. patent document qualifies as prior art under AIA 35 U.S.C. 102(a)(2). The MPEP explains: AIA 35 U.S.C. 102(d) defines “effectively filed” for the purpose of determining whether a particular U.S. patent document is prior art under AIA 35 U.S.C. 102(a)(2) to a…
Read MoreHow does AIA 35 U.S.C. 102(d) determine the effective filing date for subject matter in foreign priority applications?
AIA 35 U.S.C. 102(d) determines the effective filing date for subject matter in foreign priority applications as follows: The subject matter must be disclosed in the foreign priority application in compliance with 35 U.S.C. 112(a) (except for the best mode requirement). The foreign priority application must be entitled to a right of priority under 35…
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