What are the prior art exceptions under 35 U.S.C. 102(b)(1)?
The prior art exceptions under 35 U.S.C. 102(b)(1) are provisions that exclude certain disclosures from being considered as prior art under the America Invents Act (AIA). These exceptions apply to the first inventor to file (FITF) provisions of the AIA. The MPEP states: See MPEP § 2153.01 for prior art exceptions based on grace period…
Read MoreWhat is pre-AIA 35 U.S.C. 102(g) and how does it affect patent applications?
Pre-AIA 35 U.S.C. 102(g) is a provision in patent law that bars the issuance of a patent when another inventor made the same invention in the United States before the applicant and had not abandoned, suppressed, or concealed it. This section primarily applies to patent applications filed before March 16, 2013, which are not subject…
Read MoreHow does the MPEP 2152.04 apply to first inventor to file (FITF) provisions?
MPEP 2152.04 specifically addresses the meaning of “disclosure” in the context of the first inventor to file (FITF) provisions of the AIA. The section begins with an important note: “[Editor Note: This MPEP section is only applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set…
Read MoreWhat is the difference between FITF and pre-AIA applications regarding admissions?
The treatment of admissions differs between applications subject to the First Inventor to File (FITF) provisions of the America Invents Act (AIA) and pre-AIA applications. MPEP 2152.03 specifically notes: “[Editor Note: This MPEP section is only applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set…
Read MoreWhat is the significance of the “first inventor to file” system under the AIA?
The “first inventor to file” (FITF) system is a fundamental change introduced by the AIA. The MPEP section notes: “[Editor Note: This MPEP section is only applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note). See MPEP § 2159…
Read MoreWhat is the significance of the first inventor to file (FITF) provisions in relation to MPEP 2155.02?
MPEP 2155.02 is specifically applicable to patent applications subject to examination under the first inventor to file (FITF) provisions of the America Invents Act (AIA). The MPEP states: [Editor Note: This MPEP section is only applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth…
Read MoreWhat is the First Inventor to File (FITF) provision?
The First Inventor to File (FITF) provision is a key component of the America Invents Act (AIA) that changed the U.S. patent system from a “first-to-invent” to a “first-inventor-to-file” system. This provision applies to certain patent applications filed on or after March 16, 2013. The MPEP section 2153 notes: [Editor Note: This MPEP section is…
Read MoreHow does the first inventor to file (FITF) provision affect prior art considerations?
The first inventor to file (FITF) provision, introduced by the America Invents Act (AIA), significantly affects prior art considerations. The MPEP section 2154 notes: “[Editor Note: This MPEP section is only applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100…
Read MoreWhat applications are subject to MPEP 2155.04?
MPEP 2155.04 is specifically applicable to patent applications subject to examination under the first inventor to file (FITF) provisions of the America Invents Act (AIA). The section begins with an editor’s note that states: “This MPEP section is only applicable to applications subject to examination under the first inventor to file (FITF) provisions of the…
Read MoreWhat is the difference between AIA and pre-AIA patent law regarding “in this country”?
The concept of “in this country” differs significantly between the America Invents Act (AIA) and pre-AIA patent law: Pre-AIA: The “in this country” requirement was explicitly stated in 35 U.S.C. 102(b), limiting the public use and on-sale bars to activities within the United States and its territories. AIA: The AIA removed the “in this country”…
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