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…

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How 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…

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Are 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…

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How 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…

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What 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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