What is the difference between AIA 35 U.S.C. 102(b)(1)(B) and 102(b)(2)(B)?
AIA 35 U.S.C. 102(b)(1)(B) and 102(b)(2)(B) provide similar exceptions for disclosures, but they apply to different types of prior art: 102(b)(1)(B) applies to grace period disclosures under 102(a)(1) (public disclosures) 102(b)(2)(B) applies to disclosures under 102(a)(2) (patent applications) The MPEP states: AIA 35 U.S.C. 102(b)(1)(B) and 102(b)(2)(B) respectively provide that a grace period disclosure under…
Read MoreWhat are admissions in patent law?
In patent law, admissions refer to statements made by an applicant in the specification or during prosecution that identify the work of another as “prior art.” These admissions can be used by the United States Patent and Trademark Office (USPTO) as prior art for both anticipation and obviousness determinations. As stated in MPEP 2152.03: “A…
Read MoreCan adding new claims after March 16, 2013, make AIA laws applicable to a pre-AIA application?
No, adding new claims after March 16, 2013, does not make AIA laws applicable to a pre-AIA application. The MPEP 2159.01 states: “Additionally, adding claims after March 16, 2013 in an application filed before March 16, 2013 via an amendment which contains new matter does not make the changes to 35 U.S.C. 102 and 35…
Read MoreHow does 37 CFR 1.130 help overcome prior art rejections?
37 CFR 1.130 provides a mechanism for applicants to overcome prior art rejections by establishing that certain disclosures should not be considered prior art under the America Invents Act (AIA). It helps in two primary ways: Attribution (37 CFR 1.130(a)): By showing that the disclosure was made by the inventor or joint inventor, or that…
Read MoreHow does 37 CFR 1.130 relate to the America Invents Act (AIA)?
37 CFR 1.130 is directly related to the America Invents Act (AIA) and is only applicable to patent applications subject to the first inventor to file (FITF) provisions of the AIA. It provides a mechanism for applicants to overcome prior art rejections under the new AIA provisions. Specifically, 37 CFR 1.130 allows applicants to establish…
Read MoreWhen did the current version of 37 CFR 1.56 become applicable?
The applicability of the current version of 37 CFR 1.56, particularly paragraph (c)(3), depends on the filing date of the patent application. According to the MPEP: “[Editor Note: Para. (c)(3) below is applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after September 16, 2012.]” This means that for patent…
Read MoreWhat is the significance of the 35 U.S.C. 102(a)(2) date for U.S. patents claiming priority?
The 35 U.S.C. 102(a)(2) date is crucial for determining the prior art effect of U.S. patents claiming priority. This date can affect whether a patent or application can be used as prior art against another application. The MPEP provides guidance on this topic: “See MPEP § 2136.02 and MPEP § 2136.03 for the 35 U.S.C.…
Read MoreHow does the USPTO handle applications with different inventors but common assignees?
The USPTO has specific procedures for handling applications with different inventors but common assignees, especially when dealing with potentially overlapping inventions. MPEP 817 provides guidance on this issue, particularly in the context of the First Inventor to File (FITF) provisions of the America Invents Act (AIA). Form Paragraph 8.28.aia addresses situations where inventions are not…
Read MoreWho can be an applicant for a U.S. National Stage Application?
For U.S. national stage applications with an international filing date on or after September 16, 2012, the applicant can be: The inventor(s) The legal representative of a deceased or legally incapacitated inventor The assignee The obligated assignee (i.e., a person to whom the inventor is under an obligation to assign the invention) A person who…
Read MoreHow does the Plant Patent Application Declaration differ for applications filed before and after September 16, 2012?
The requirements for plant patent application declarations differ slightly depending on whether the application was filed before or after September 16, 2012. MPEP 1604 outlines these differences: For applications filed on or after September 16, 2012: The declaration must comply with 37 CFR 1.63 or 37 CFR 1.64. For applications filed before September 16, 2012:…
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