How does the America Invents Act (AIA) affect the interpretation of commercial exploitation?

The America Invents Act (AIA) has introduced changes to how commercial exploitation is interpreted in patent law. The MPEP notes: “This MPEP section may be applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note).” For applications subject to AIA…

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How does the America Invents Act (AIA) affect WIPO published applications as prior art?

The America Invents Act (AIA) significantly changed how WIPO published applications are treated as prior art. According to MPEP 2154.01(a): “AIA 35 U.S.C. 102(a)(2) explicitly references U.S. patents, U.S. patent application publications, and WIPO published applications as potential prior art documents.” This means that under the AIA, WIPO published applications are now explicitly recognized as…

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How does the America Invents Act (AIA) affect the applicability of pre-AIA 35 U.S.C. 102(g)?

The America Invents Act (AIA) significantly changed the U.S. patent system, transitioning from a first-to-invent to a first-inventor-to-file system. This change has important implications for the applicability of pre-AIA 35 U.S.C. 102(g). The MPEP provides guidance on this matter: This MPEP section has limited applicability to applications subject to examination under the first inventor to…

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How 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…

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