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 MoreHow is the effective date of a printed publication determined for 37 CFR 1.131(a) purposes?
For the purposes of 37 CFR 1.131(a) affidavits or declarations, the effective date of a printed publication is its publication date, not the date it was received by the publisher. The MPEP states: A printed publication, including a published foreign patent application, is effective as of its publication date, not its date of receipt by…
Read MoreWhat is the effective date for prior art exceptions under AIA 35 U.S.C. 102(b)(2)(C)?
The effective date for prior art exceptions under AIA 35 U.S.C. 102(b)(2)(C) is important to understand. According to MPEP 717.02(b): The exception under AIA 35 U.S.C. 102(b)(2)(C) applies to all applications filed on or after March 16, 2013, and to applications filed before March 16, 2013 that are subject to the first inventor to file…
Read MoreWhat is the effective date for applying the AIA 35 U.S.C. 102(b)(2)(C) exception?
What is the effective date for applying the AIA 35 U.S.C. 102(b)(2)(C) exception? The AIA 35 U.S.C. 102(b)(2)(C) exception applies to patent applications and patents subject to AIA 35 U.S.C. 102 and 103. According to MPEP 717.02: ‘The date of this change in practice is the date of the enactment of the AIA, September 16,…
Read MoreWhat date must be overcome in a 37 CFR 1.131(a) affidavit or declaration?
When filing an affidavit or declaration under 37 CFR 1.131(a), the date that must be overcome is the effective date of the reference being used in the rejection. The MPEP clearly states: The date to be overcome under 37 CFR 1.131(a) is the effective date of the reference (i.e., the date on which the reference…
Read MoreWhat is the effective date for the AIA 35 U.S.C. 102(b)(2)(C) exception?
What is the effective date for the AIA 35 U.S.C. 102(b)(2)(C) exception? The AIA 35 U.S.C. 102(b)(2)(C) exception became effective on March 16, 2013. This exception applies to any patent, patent application publication, or WIPO published application that names another inventor and was effectively filed before the effective filing date of the claimed invention, where…
Read MoreWhat is the significance of the filing date in a continuation-in-part application?
What is the significance of the filing date in a continuation-in-part application? The filing date of a continuation-in-part (CIP) application is crucial for determining the effective date of certain disclosures. According to MPEP 201.08: “The effective filing date of a claimed invention in a CIP application is determined on a claim-by-claim basis and not an…
Read MoreWhen did the provisions of 35 U.S.C. 386(a) and (b) become effective?
The provisions of 35 U.S.C. 386(a) and (b) became effective for certain types of applications filed on or after May 13, 2015. According to MPEP 213.07: The provisions of 35 U.S.C. 386(a) and (b) apply to nonprovisional applications, international applications (PCT) and international design applications filed on or after May 13, 2015, and patents issued…
Read MoreWhat is the significance of the September 21, 2004 date in relation to 37 CFR 1.57(b)?
The date September 21, 2004, is significant in relation to 37 CFR 1.57(b) because it marks the effective date of the provisions now contained in this regulation. The MPEP states that one reason an amendment might not comply with 37 CFR 1.57(b) is if the present application was filed before September 21, 2004, the effective…
Read MoreWhat is the significance of the filing date for foreign applications in priority claims?
The filing date of foreign applications is significant in priority claims for the following reasons: It establishes the effective date of the priority claim. The date accorded is the date on which the specification and drawing were filed, not necessarily the date of the petition (which is called the application in some countries). This date…
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