What is the definition of ‘inventor’ under the AIA?
The America Invents Act (AIA) defines ‘inventor’ in 35 U.S.C. 100(f) as follows: The term “inventor” means the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention. This definition emphasizes that inventors must be individuals, not corporations or other entities. It also acknowledges the possibility…
Read MoreWhat is the ‘grace period inventor’s disclosure’ exception under AIA?
What is the ‘grace period inventor’s disclosure’ exception under AIA? The ‘grace period inventor’s disclosure’ exception is a key provision under the America Invents Act (AIA) that protects inventors from their own disclosures. According to MPEP 717: AIA 35 U.S.C. 102(b)(1)(A) provides exceptions to the prior art provisions of AIA 35 U.S.C. 102(a)(1). These exceptions…
Read MoreHow does an examiner determine if the AIA 35 U.S.C. 102(b)(2)(C) exception applies?
An examiner determines if the AIA 35 U.S.C. 102(b)(2)(C) exception applies by following specific procedures outlined in the MPEP. The key steps include: Reviewing the application and prior art for potential applicability of the exception Considering any statements or evidence provided by the applicant regarding common ownership Evaluating the timing of common ownership in relation…
Read MoreWhat evidence is required to establish common ownership for AIA 35 U.S.C. 102(b)(2)(C)?
To establish common ownership for the AIA 35 U.S.C. 102(b)(2)(C) exception, specific evidence is required. The MPEP 717.02(b) provides guidance: The applicant (or the applicant’s representative of record) may submit a statement establishing that the subject matter disclosed and the claimed invention, not later than the effective filing date of the claimed invention, were owned…
Read MoreHow can common ownership be established for the 35 U.S.C. 102(b)(2)(C) exception?
To establish common ownership for the 35 U.S.C. 102(b)(2)(C) exception, the following statement is sufficient according to the MPEP: Application [the application serial number] and the subject matter disclosed in the reference(s) [the patent identifier of the commonly owned applied art (whether U.S. patents, U.S. patent applications, U.S. patent application publications, or WIPO patent publications)…
Read MoreHow can an applicant establish common ownership for the AIA 35 U.S.C. 102(b)(2)(C) exception?
How can an applicant establish common ownership for the AIA 35 U.S.C. 102(b)(2)(C) exception? To establish common ownership for the AIA 35 U.S.C. 102(b)(2)(C) exception, an applicant can follow these steps: Provide a clear and conspicuous statement that the claimed invention and the subject matter disclosed were owned by, or subject to an obligation of…
Read MoreHow does the effective filing date affect prior art rejections?
How does the effective filing date affect prior art rejections? The effective filing date of a claimed invention is crucial in determining what qualifies as prior art for rejections. According to MPEP 2152: “The effective filing date of a claimed invention is determined on a claim-by-claim basis and not an application-by-application basis. It is possible…
Read MoreWhat is the significance of the effective filing date in invoking the AIA 35 U.S.C. 102(b)(2)(C) exception?
What is the significance of the effective filing date in invoking the AIA 35 U.S.C. 102(b)(2)(C) exception? The effective filing date plays a crucial role in invoking the AIA 35 U.S.C. 102(b)(2)(C) exception. According to MPEP 717.02(b): “The effective filing date is the filing date of the earliest application for which the application is entitled…
Read MoreWhat is the effective date for invoking the prior art exception under 35 U.S.C. 102(b)(2)(C)?
What is the effective date for invoking the prior art exception under 35 U.S.C. 102(b)(2)(C)? The effective date for invoking the prior art exception under 35 U.S.C. 102(b)(2)(C) is important to understand. According to the MPEP 717.02(a): “The effective date of the CREATE Act provisions of the AIA is September 16, 2012.” This means that…
Read MoreWhat is the effective date for prior art exceptions under AIA 35 U.S.C. 102(b)(2)(C)?
The effective date for prior art exceptions under AIA 35 U.S.C. 102(b)(2)(C) is important to understand. According to MPEP 717.02(b): The exception under AIA 35 U.S.C. 102(b)(2)(C) applies to all applications filed on or after March 16, 2013, and to applications filed before March 16, 2013 that are subject to the first inventor to file…
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