What is the inventor-originated prior public disclosure exception under AIA 35 U.S.C. 102(b)(2)(B)?
The inventor-originated prior public disclosure exception under AIA 35 U.S.C. 102(b)(2)(B) provides protection against certain prior art. As stated in MPEP 2154.02(b): “AIA 35 U.S.C. 102(b)(2)(B) provides a second exception to prior art under AIA 35 U.S.C. 102(a)(2). This provision excepts as prior art subject matter that was effectively filed by another after the subject…
Read MoreHow does the inventor-originated disclosure exception work under AIA 35 U.S.C. 102(b)(2)(A)?
The inventor-originated disclosure exception under AIA 35 U.S.C. 102(b)(2)(A) limits the use of an inventor’s own work as prior art. According to MPEP 2154.02(a): “AIA 35 U.S.C. 102(b)(2)(A) provides an exception to the prior art provisions of AIA 35 U.S.C. 102(a)(2). This exception limits the use of an inventor’s own work as prior art, when…
Read MoreWhat are the exceptions to maintenance fee requirements for patents?
What are the exceptions to maintenance fee requirements for patents? There are specific exceptions to maintenance fee requirements for certain types of patents. According to MPEP 2504: Design patents are not subject to maintenance fees Plant patents issued from applications filed before June 8, 1995 are not subject to maintenance fees Plant patents issued from…
Read MoreAre there any exceptions to the requirement for incorporating the “Sequence Listing XML” by reference?
Yes, there is an exception to the requirement for incorporating the “Sequence Listing XML” by reference. According to MPEP 2413.04 and 37 CFR 1.834(c)(2): “If the ‘Sequence Listing XML’ required by § 1.831(a) is submitted in XML file format via the USPTO patent electronic filing system or on a read-only optical disc (in compliance with…
Read MoreAre there exceptions to the requirement for making a replacement deposit?
Yes, there are exceptions to the requirement for making a replacement deposit. According to MPEP 2407.03: “The provisions of 37 CFR 1.805(g) indicate that a replacement need not be made where, at the point in time when replacement would otherwise be necessary, access to the necessary biological material was otherwise available.” This means that if…
Read MoreWhat are the exceptions to public use under AIA 35 U.S.C. 102(b)(1)?
The AIA provides exceptions to what would otherwise be considered public use under 35 U.S.C. 102(a)(1). These exceptions are outlined in 35 U.S.C. 102(b)(1). The MPEP states: “[C]ertain uses or sales are subject to the exceptions in 35 U.S.C. 102(b)(1), e.g., uses or sales by the inventor or a joint inventor (or have originated with…
Read MoreAre there any exceptions to the “names another inventor” requirement in AIA 35 U.S.C. 102(a)(2)?
While the “names another inventor” requirement is a key aspect of AIA 35 U.S.C. 102(a)(2), there are exceptions that may prevent a U.S. patent document from being used as prior art even if it names another inventor. MPEP 2154.01(c) mentions: “Even if there are one or more joint inventors in common in a U.S. patent…
Read MoreWhat exception is allowed regarding restrictions on deposited biological material?
The MPEP 2410.01 outlines one exception to the general rule of removing all restrictions on deposited biological material upon patent grant. This exception, as specified in 37 CFR 1.808(b), allows the depositor to contract with the depository to require that samples be furnished only if a request meets one or all of these conditions: The…
Read MoreHow can an applicant establish that the AIA 35 U.S.C. 102(b)(2)(C) exception applies?
To establish that the AIA 35 U.S.C. 102(b)(2)(C) exception applies, an applicant can provide a statement. According to MPEP 2154.02(c): “A clear and conspicuous statement by the applicant (or the applicant’s representative of record) that the claimed invention of the application under examination and the subject matter disclosed in the U.S. patent document applied as…
Read MoreWhat is the difference between overcoming a 102(a)(1) and a 102(a)(2) rejection?
What is the difference between overcoming a 102(a)(1) and a 102(a)(2) rejection? The methods for overcoming 102(a)(1) and 102(a)(2) rejections differ due to the nature of the prior art involved. According to MPEP 2152.06: For 102(a)(1) rejections: Argue that the reference is not prior art Invoke an exception under 102(b)(1) Antedate the reference (for pre-AIA…
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