How does the AIA affect the treatment of foreign priority claims in determining prior art dates?

The AIA (America Invents Act) has significantly changed the treatment of foreign priority claims in determining prior art dates. Under the AIA: Foreign priority claims can now establish an earlier effective filing date for prior art purposes. This applies to both U.S. and foreign applicants. The subject matter must be adequately supported in the priority…

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How does AIA 35 U.S.C. 102(d) determine the effective filing date for subject matter in foreign priority applications?

AIA 35 U.S.C. 102(d) determines the effective filing date for subject matter in foreign priority applications as follows: The subject matter must be disclosed in the foreign priority application in compliance with 35 U.S.C. 112(a) (except for the best mode requirement). The foreign priority application must be entitled to a right of priority under 35…

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How does the process of claiming foreign priority differ for reissue applications filed before and after September 16, 2012?

The process of claiming foreign priority in reissue applications differs based on whether the application was filed before or after September 16, 2012. Here’s a breakdown of the differences: For reissue applications filed on or after September 16, 2012: MPEP 1417 states: “For reissue applications filed on or after September 16, 2012, the foreign priority…

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How does foreign priority affect benefit claims under 35 U.S.C. 120 in continuation-in-part (CIP) design applications?

Foreign priority can significantly affect benefit claims under 35 U.S.C. 120 in continuation-in-part (CIP) design applications, especially when the conditions of 35 U.S.C. 120 are not met: If the CIP application doesn’t meet the conditions of 35 U.S.C. 120 (e.g., insufficient disclosure), it’s not entitled to the benefit of the parent application’s filing date. In…

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