What is the significance of the 35 U.S.C. 122(b) publication in patent examination?
The publication of a patent application under 35 U.S.C. 122(b) is significant in patent examination, particularly for copending applications. According to MPEP 2154.01(d): “If the first application will not be published pursuant to 35 U.S.C. 122(b), it must be allowed to issue once all the statutory requirements are met. After the patent is published, it…
Read MoreWhat is the critical reference date for international applications?
For international applications, the critical reference date depends on whether the international application was filed before or on/after November 29, 2000. MPEP 2136.03 provides specific guidance: “If the international application has an international filing date prior to November 29, 2000, the international application was not published under 35 U.S.C. 122(b) by WIPO. Any U.S. patent…
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