How has pre-AIA 35 U.S.C. 103(c) changed over time?
Pre-AIA 35 U.S.C. 103(c) has undergone several changes: Prior to November 29, 1999: It disqualified prior art under 35 U.S.C. 102(f) or (g) for obviousness determinations if commonly owned. November 29, 1999: Expanded to include prior art under 35 U.S.C. 102(e). December 10, 2004: The CREATE Act further amended it to include subject matter developed…
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 critical reference date for a U.S. patent or patent application publication?
The critical reference date for a U.S. patent or patent application publication under 35 U.S.C. 102(e) as amended by the American Inventors Protection Act of 1999 (AIPA) (pre-AIA) is the earliest effective U.S. filing date. This is stated in MPEP 2136.03: “The critical reference date of a U.S. patent or patent application publication under pre-AIA…
Read MoreHow does the AIPA affect the critical reference date for continuations and divisionals?
The American Inventors Protection Act of 1999 (AIPA) has a significant impact on the critical reference date for continuations and divisionals. According to MPEP 2136.03: “The AIPA amended 35 U.S.C. 102(e) to eliminate the reference to the date of invention. The critical reference date of a U.S. patent or patent application publication under pre-AIA 35…
Read MoreWhen did the American Inventors Protection Act (AIPA) come into effect and how did it change patent application publication?
The American Inventors Protection Act (AIPA) was enacted on November 29, 1999, and it significantly changed the publication rules for patent applications. According to MPEP 901.03: “The AIPA amended 35 U.S.C. 122 to provide that, with certain exceptions, applications for patent filed on or after November 29, 2000 shall be published promptly after the expiration…
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