What does “by another who has not abandoned, suppressed, or concealed it” mean in patent law?
This phrase refers to a provision in pre-AIA 35 U.S.C. 102(g) that makes available as prior art the prior invention of another person who has not abandoned, suppressed, or concealed their invention. The MPEP states: “Pre-AIA 35 U.S.C. 102(g) generally makes available as prior art within the meaning of 35 U.S.C. 103, the prior invention…
Read MoreWhat is the significance of pre-AIA 35 U.S.C. 102(c) in patent law?
Pre-AIA 35 U.S.C. 102(c) is a provision in patent law that deals with the abandonment of an invention. According to MPEP 2134, “Under pre-AIA 35 U.S.C. 102(c), abandonment of the ‘invention’ (as distinguished from abandonment of an application) results in loss of right to a patent.” This means that if an inventor intentionally abandons their…
Read MoreWhat happens to an application if all claims are rejected in an interference?
If all claims in a patent application are rejected as a result of an interference proceeding, the application is typically abandoned. The MPEP 2308.01 states: “If no claim remains allowable to the applicant, a notice of abandonment should be issued.” This means that when an interference judgment results in the disposal of all claims in…
Read MoreWhat issues are not considered in inter partes reexamination?
Inter partes reexamination is limited in scope and does not consider all potential issues related to patent validity. According to the MPEP, the following issues are not considered: Public use or on-sale activities Conduct issues Abandonment under pre-AIA 35 U.S.C. 102(c) Other issues not based on patents or printed publications The MPEP states: “If questions…
Read MoreHow are improper grounds for reexamination handled?
Improper grounds for reexamination are those not based on prior art patents or printed publications. The MPEP provides guidance on how to handle such grounds: “If arguments are presented as to grounds not based on prior art patents or printed publications, such as those based on public use or on sale under 35 U.S.C. 102(b),…
Read MoreCan disclosure without claiming in a prior issued patent lead to abandonment under pre-AIA 35 U.S.C. 102(c)?
Disclosure without claiming in a prior issued patent does not automatically lead to abandonment under pre-AIA 35 U.S.C. 102(c). According to MPEP 2134: “Any inference of abandonment (i.e., intent to dedicate to the public) of subject matter disclosed but not claimed in a previously issued patent is rebuttable by an application filed at any time…
Read MoreDoes delay in filing a patent application automatically result in abandonment?
No, delay alone in filing a patent application does not automatically result in abandonment under pre-AIA 35 U.S.C. 102(c). According to MPEP 2134: “Delay alone is not sufficient to infer the requisite intent to abandon.” The MPEP further clarifies that abandonment requires a deliberate surrender of rights to a patent. While delay might be a…
Read MoreWhat are the consequences of failing to make a required deposit within the specified time?
Failing to make a required deposit within the specified time can have serious consequences for a patent application. According to MPEP 2411.03: “Failure to make the needed deposit in accordance with this requirement will be considered a failure to prosecute the application under 35 U.S.C. 133 and result in abandonment of the application.” This means…
Read MoreWhat types of arguments are not considered in a reexamination request?
In a reexamination request, only arguments based on prior art patents or printed publications are considered. The MPEP specifically states: “If arguments are presented as to grounds not based on prior art patents or printed publications, such as those based on public use or on sale under 35 U.S.C. 102(b), or abandonment under 35 U.S.C.…
Read MoreWhat constitutes abandonment under pre-AIA 35 U.S.C. 102(c)?
Abandonment under pre-AIA 35 U.S.C. 102(c) requires intentional action by the inventor. According to MPEP 2134: “Actual abandonment under pre-AIA 35 U.S.C. 102(c) requires that the inventor intend to abandon the invention, and intent can be implied from the inventor’s conduct with respect to the invention.” This means that the inventor must deliberately surrender their…
Read More