What 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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