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 is the relationship between Joint Research Agreements and the CREATE Act?
The relationship between Joint Research Agreements (JRAs) and the Cooperative Research and Technology Enhancement (CREATE) Act is significant in patent law. As explained in MPEP 2156: “The CREATE Act was designed to promote cooperative research between universities, public sector organizations, and private sector organizations by providing a safe harbor against the use of certain prior…
Read MoreHow did the CREATE Act affect pre-AIA 35 U.S.C. 103(c)?
The Cooperative Research and Technology Enhancement Act of 2004 (CREATE Act) significantly expanded the scope of pre-AIA 35 U.S.C. 103(c). The MPEP states: “The CREATE Act amended pre-AIA 35 U.S.C. 103(c) to provide that subject matter developed by another person and a claimed invention shall be deemed to have been owned by the same person…
Read MoreWhat is the impact of the CREATE Act on double patenting rejections?
The CREATE Act has a significant impact on double patenting rejections in patent examination. The MPEP explains: “Congress recognized that this amendment to 35 U.S.C. 103(c) would result in situations in which there would be double patenting rejections between applications not owned by the same party (see H.R. Rep. No. 108-425, at 5-6 (2003).“ As…
Read MoreWhat is the effective date for the changes made by the CREATE Act?
The CREATE Act has a specific effective date for its changes to pre-AIA 35 U.S.C. 103(c). According to the MPEP: “The effective date provision of the CREATE Act provided that its amendments shall apply to any patent (including any reissue patent) granted on or after December 10, 2004, except those patents subject to the current…
Read MoreHow does the CREATE Act affect provisional rejections under pre-AIA 35 U.S.C. 103(a)?
The Cooperative Research and Technology Enhancement Act of 2004 (CREATE Act) affects provisional rejections under pre-AIA 35 U.S.C. 103(a) by potentially disqualifying certain prior art references. The MPEP states: For applications filed on or after November 29, 1999 or pending on or after December 10, 2004, a provisional rejection under pre-AIA 35 U.S.C. 103(a) using…
Read MoreHow does the AIA joint research agreement provision differ from the CREATE Act?
The AIA joint research agreement provision (AIA 35 U.S.C. 102(c)) and the CREATE Act have two major differences: The AIA provision is based on the effective filing date of the claimed invention, while the CREATE Act focuses on the date the claimed invention was made. The CREATE Act provisions only apply to obviousness rejections, whereas…
Read MoreWhat is the CREATE Act and how does it affect patent applications?
The Cooperative Research and Technology Enhancement (CREATE) Act, enacted in 2004, amended pre-AIA 35 U.S.C. 103(c) to allow disqualification of certain prior art in obviousness rejections if the claimed invention resulted from a joint research agreement. It affects how prior art is treated in certain situations involving collaborations between different entities. The MPEP explains: The…
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 MoreCan the prior art exception under 35 U.S.C. 102(b)(2)(C) be applied retroactively?
Can the prior art exception under 35 U.S.C. 102(b)(2)(C) be applied retroactively? The application of the prior art exception under 35 U.S.C. 102(b)(2)(C) is not retroactive. According to the MPEP 717.02(a): “The CREATE Act provisions of the AIA apply only to applications filed on or after September 16, 2012.” This means that the exception cannot…
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