How is the effective filing date determined for prior art purposes?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 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 for prior art purposes is generally the earliest filing date…
Read MoreWhat is common ownership under 35 U.S.C. 102(b)(2)(C)?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 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. Common ownership under 35 U.S.C. 102(b)(2)(C) means that the subject matter disclosed and the…
Read MoreWhat is a Bauman type continuation application in the context of reissue applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27 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. A Bauman type continuation application is a regular continuation application filed from a reissue…
Read MoreAre there situations where 37 CFR 1.130(a) declarations are not available?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 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, there are situations where declarations under 37 CFR 1.130(a) are not available. The…
Read MoreWhat is the grace period for prior public disclosures under 37 CFR 1.130(b)?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 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 grace period for prior public disclosures under 37 CFR 1.130(b) is one year…
Read MoreHow are continuation-in-part (CIP) applications handled in terms of examination order?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 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. Continuation-in-part (CIP) applications have a unique treatment when it comes to examination order. The…
Read MoreWhat is the effective filing date for prior art exceptions under 35 U.S.C. 102(b)(2)(C)?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 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 for prior art exceptions under 35…
Read MoreHow does the effective filing date affect prior art rejections?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 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 claimed invention is crucial…
Read MoreWhat is the significance of the effective filing date in invoking the prior art exception?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 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 plays a crucial role in invoking…
Read MoreWhat is the ‘effective filing date’ for a claimed invention?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 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’ for a claimed invention is defined in 35 U.S.C. 100(i)(1)…
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