What is the significance of March 16, 2013 in patent law?
March 16, 2013 is a crucial date in patent law due to the implementation of the America Invents Act (AIA). This date determines which version of 35 U.S.C. 102 and 103 applies to a patent application. As stated in MPEP 2159.03: “Even if AIA 35 U.S.C. 102 and 103 apply to a patent application, pre-AIA…
Read MoreWhat legislative acts have significantly impacted inter partes reexamination?
Several legislative acts have had significant impacts on inter partes reexamination: The American Inventors Protection Act of 1999 (AIPA): Introduced inter partes reexamination. Public Law 107-273 (2002): Expanded the scope of what qualifies for a substantial new question of patentability and expanded third-party requester’s appeal rights. The Leahy-Smith America Invents Act (AIA) of 2011: Replaced…
Read MoreWhat is the requirement for ‘lack of deceptive intention’ in reissue applications?
For reissue applications filed before September 16, 2012, there was a specific requirement regarding ‘lack of deceptive intention’. The MPEP states: For reissue applications filed prior to September 16, 2012, both pre-AIA 35 U.S.C. 251 and pre-AIA 37 CFR 1.175 require that the reissue oath or declaration must state that the error arose “without any…
Read MoreWhat are the key changes to 35 U.S.C. 102 under the AIA?
The America Invents Act (AIA) made significant changes to 35 U.S.C. 102, which defines what qualifies as prior art. The key changes include: AIA 35 U.S.C. 102(a)(1) and (a)(2) set forth what qualifies as prior art. AIA 35 U.S.C. 102(b) sets forth exceptions to prior art established in AIA 35 U.S.C. 102(a). The AIA eliminated…
Read MoreHow does the Joint Research Agreement affect prior art under AIA?
How does the Joint Research Agreement affect prior art under AIA? The Joint Research Agreement (JRA) plays a significant role in determining prior art under the AIA. According to MPEP 2154.02(c), subject matter disclosed and a claimed invention shall be deemed to have been owned by the same person or subject to an obligation of…
Read MoreWhat are the requirements for invoking a joint research agreement exception under AIA 35 U.S.C. 102(c)?
To invoke a joint research agreement exception under AIA 35 U.S.C. 102(c), three conditions must be met: The subject matter disclosed must have been developed and the claimed invention must have been made by, or on behalf of, one or more parties to a joint research agreement that was in effect on or before the…
Read MoreHow does the joint research agreement exception apply to prior art under AIA 35 U.S.C. 102(a)(1)?
The joint research agreement exception under AIA 35 U.S.C. 102(b)(2)(C) does not apply to disclosures that qualify as prior art under AIA 35 U.S.C. 102(a)(1). The MPEP clarifies: “The AIA 35 U.S.C. 102(b)(2)(C) exception does not apply to a disclosure that qualifies as prior art under AIA 35 U.S.C. 102(a)(1) (disclosures made before the effective…
Read MoreHow do Joint Research Agreements apply to pre-AIA and AIA patent applications?
Joint Research Agreements (JRAs) apply differently to pre-AIA (before March 16, 2013) and AIA (on or after March 16, 2013) patent applications. According to MPEP 2156: For pre-AIA applications: “The joint research agreement provisions of 35 U.S.C. 103(c) as amended by the CREATE Act apply to applications for patent filed on or after December 10,…
Read MoreHow does a joint research agreement affect the AIA first inventor to file provisions?
How does a joint research agreement affect the AIA first inventor to file provisions? A joint research agreement (JRA) can have significant implications for the America Invents Act (AIA) first inventor to file provisions. Specifically: It can help prevent collaborators’ disclosures from being used as prior art against each other. It affects how the USPTO…
Read MoreHow does joint inventorship affect the “names another inventor” requirement?
In cases of joint inventorship, the “names another inventor” requirement under AIA 35 U.S.C. 102(a)(2) is satisfied even if only one joint inventor is different between the prior art document and the application under examination. MPEP 2154.01(c) clarifies: “Thus, in the case of joint inventors, only one joint inventor needs to be different for the…
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