How does a proper priority claim affect the prior art status of international applications?

A proper priority claim can significantly affect the prior art status of international applications. The MPEP 2127 provides guidance on this: “If the international application does not have an earlier effective date under 35 U.S.C. 102(e) based on a proper priority claim to an earlier filed U.S. application, the international application is only effective as…

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What is the “one-way rule” for determining inventorship differences?

The “one-way rule” is a key concept in determining inventorship differences for prior art purposes. According to MPEP 2136.04: “The ‘one-way rule’ is that the inventorship of an application-publication having at least one inventor in common with the patent is different than the inventorship of the patent if the application-publication names at least one inventor…

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What is the significance of inventorship in continuation-in-part applications?

Inventorship in continuation-in-part (CIP) applications has unique implications for prior art determination. The MPEP 2136.04 states: “If the application is a continuation-in-part of, or claims the benefit of the filing date of, a parent application naming A as the inventor, and the parent application was filed by A with a claim that was originally invented…

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How are foreign patent applications treated as prior art under 35 U.S.C. 102(e)?

Foreign patent applications are not considered prior art under 35 U.S.C. 102(e). The MPEP states: “Note that a foreign patent application publication, including WIPO publications of international applications, may have an earlier prior art date under 35 U.S.C. 102(a) than under 35 U.S.C. 102(e).” This means that while foreign patent applications can be used as…

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What is the critical reference date for a U.S. patent or patent application publication?

The critical reference date for a U.S. patent or patent application publication under 35 U.S.C. 102(e) as amended by the American Inventors Protection Act of 1999 (AIPA) (pre-AIA) is the earliest effective U.S. filing date. This is stated in MPEP 2136.03: “The critical reference date of a U.S. patent or patent application publication under pre-AIA…

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