What is common ownership under 35 U.S.C. 102(b)(2)(C)?
Common ownership under 35 U.S.C. 102(b)(2)(C) means that the subject matter disclosed and the claimed invention were owned by the same person or subject to an obligation of assignment to the same person not later than the effective filing date of the claimed invention. This provision allows certain prior art to be excepted as prior…
Read MoreWhat is a Bauman type continuation application in the context of reissue applications?
A Bauman type continuation application is a regular continuation application filed from a reissue application, rather than a continuation reissue application. The MPEP explains: It is possible to file a 35 U.S.C. 111(a) continuing application of a reissue application. See In re Bauman, 683 F.2d 405, 409, 214 USPQ 585, 589 (CCPA 1982) (a patentee…
Read MoreAre there situations where 37 CFR 1.130(a) declarations are not available?
Yes, there are situations where declarations under 37 CFR 1.130(a) are not available. The MPEP outlines two main scenarios: If the disclosure was made more than one year before the effective filing date of the claimed invention. When the disclosure is a U.S. patent or U.S. patent application publication that claims an invention that is…
Read MoreWhat is the grace period for prior public disclosures under 37 CFR 1.130(b)?
The grace period for prior public disclosures under 37 CFR 1.130(b) is one year before the effective filing date of the claimed invention. This is based on the provisions of 35 U.S.C. 102(b)(1)(B), which states: 35 U.S.C. 102(b)(1)(B) provides that a disclosure made one year or less before the effective filing date of a claimed…
Read MoreHow are continuation-in-part (CIP) applications handled in terms of examination order?
Continuation-in-part (CIP) applications have a unique treatment when it comes to examination order. The MPEP provides guidance on this: “The actual filing date of a continuation-in-part application is used for docketing purposes. However, the examiner may act on a continuation-in-part application by using the effective filing date, if desired.” This means that while CIP applications…
Read MoreWhat is the effective filing date for prior art exceptions under 35 U.S.C. 102(b)(2)(C)?
What is the effective filing date for prior art exceptions under 35 U.S.C. 102(b)(2)(C)? The effective filing date for prior art exceptions under 35 U.S.C. 102(b)(2)(C) is crucial for determining the applicability of the exception. According to MPEP 717.02(a): “The effective filing date of a claimed invention is determined on a claim-by-claim basis and not…
Read MoreHow does the effective filing date affect prior art rejections?
How does the effective filing date affect prior art rejections? The effective filing date of a claimed invention is crucial in determining what qualifies as prior art for rejections. According to MPEP 2152: “The effective filing date of a claimed invention is determined on a claim-by-claim basis and not an application-by-application basis. It is possible…
Read MoreWhat is the significance of the effective filing date in invoking the prior art exception?
What is the significance of the effective filing date in invoking the prior art exception? The effective filing date plays a crucial role in invoking the prior art exception under 35 U.S.C. 102(b)(2)(C). According to MPEP 717.02(a): Even if the exception under AIA 35 U.S.C. 102(b)(2)(C) does not apply, the subject matter disclosed and the…
Read MoreWhat is the significance of the effective filing date in patent examination?
The effective filing date plays a crucial role in patent examination for several reasons: It determines the cutoff date for prior art that can be used against the claimed invention. It establishes the date from which the claimed invention is entitled to priority. It affects the applicability of certain AIA provisions, such as the grace…
Read MoreWhat is the ‘effective filing date’ for a claimed invention?
The ‘effective filing date’ for a claimed invention is defined in 35 U.S.C. 100(i)(1) as follows: The term “effective filing date” for a claimed invention in a patent or application for patent means—(A) if subparagraph (B) does not apply, the actual filing date of the patent or the application for the patent containing a claim…
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