How are foreign patent applications treated as prior art under 35 U.S.C. 102(e)?

Foreign patent applications are not considered prior art under 35 U.S.C. 102(e). The MPEP states: “Note that a foreign patent application publication, including WIPO publications of international applications, may have an earlier prior art date under 35 U.S.C. 102(a) than under 35 U.S.C. 102(e).” This means that while foreign patent applications can be used as…

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Can examiners request information about foreign patent applications?

Can examiners request information about foreign patent applications? Yes, examiners can request information about foreign patent applications related to the invention. MPEP 704.11 specifically mentions: ‘Copies of any non-patent literature, published application, or patent (U.S. or foreign) which has been relied upon to draft the specification or any copy of the claims in the application.’…

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How should foreign patents and foreign published applications be cited?

When citing foreign patents and foreign published applications, the following information must be provided: Patent number Kind code Citation date Name of the country Name of the patentee Relevant classification (if appropriate) The MPEP states: “In citing foreign patents, the patent number, kind code, citation date, name of the country, name of the patentee, and…

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