How does the effective filing date of a WIPO published application affect its use as prior art?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The effective filing date of a WIPO published application is…
Read MoreHow does the USPTO determine the effective filing date for foreign priority claims?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. For U.S. patent documents claiming foreign priority, the USPTO determines…
Read MoreHow does the “time of invention” differ for AIA and pre-AIA applications in equivalence determinations?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The “time of invention” consideration differs for AIA (America Invents…
Read MoreWhat are the requirements for a U.S. patent document to claim priority or benefit under AIA 35 U.S.C. 102(d)?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. For a U.S. patent document to be “entitled to claim”…
Read MoreHow does priority claim affect the effective filing date in pre-AIA patent applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Priority claims can significantly impact the effective filing date of…
Read MoreCan an application change from pre-AIA to AIA status?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, an application can change from pre-AIA to AIA status…
Read MoreWhen do pre-AIA 35 U.S.C. 102 and 103 apply to applications filed on or after March 16, 2013?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Pre-AIA 35 U.S.C. 102 and 103 can still apply to…
Read MoreDoes AIA 35 U.S.C. 102(d) require evaluation of actual entitlement to priority or benefit?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, AIA 35 U.S.C. 102(d) does not require evaluation of…
Read MoreCan the filing date of a foreign priority document be used as the effective filing date under pre-AIA 35 U.S.C. 102?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, the filing date of a foreign priority document cannot…
Read MoreHow does AIA 35 U.S.C. 102(d) treat foreign priority applications for prior art purposes?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. AIA 35 U.S.C. 102(d) allows the use of foreign priority…
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