When do intervening rights apply to reinstated patents?
Intervening rights apply to reinstated patents during a specific time frame. According to MPEP § 2591, these rights are applicable to actions taken: After the 6-month grace period for paying the maintenance fee But prior to the acceptance of the late maintenance fee The MPEP states: “A court before which such matter is in question…
Read MoreCan an applicant voluntarily identify grace period inventor-originated disclosures?
Yes, an applicant can voluntarily identify grace period inventor-originated disclosures. The MPEP encourages this practice: “Applicants can include a statement identifying any grace period inventor-originated disclosures in the specification upon filing. See 37 CFR 1.77(b)(6) and MPEP § 608.01(a). An applicant is not required to identify any prior inventor-originated disclosures or to use the format…
Read MoreWhen can maintenance fees for utility patents be paid?
Maintenance fees for utility patents can be paid during specific time periods as outlined in MPEP 2506: Window Period: Fees can be paid without surcharge during the 6-month periods preceding each due date, as defined in 35 U.S.C. 41(b). Grace Period: Fees can be paid with a surcharge during the 6-month periods immediately following each…
Read MoreWhen does the USPTO send Maintenance Fee Reminders?
According to MPEP 2575, the USPTO does not send Maintenance Fee Reminders until after the grace period has begun: “Since patentees are expected to maintain their own record and docketing systems and since it is expected that most patentees will pay their maintenance fees during the window period to avoid payment of a surcharge, the…
Read MoreHow does the USPTO determine if a disclosure is an inventor-originated disclosure?
The USPTO determines if a disclosure is an inventor-originated disclosure through a case-by-case analysis. According to the MPEP: “What evidence is necessary to show that the disclosure is an inventor-originated disclosure requires case-by-case treatment, depending upon whether it is apparent from the disclosure itself or the patent application specification that the disclosure is an inventor-originated…
Read MoreWhat is the significance of the grace period in AIA patent applications?
The grace period in AIA patent applications is a one-year period before the effective filing date of a claimed invention during which certain disclosures by the inventor or a joint inventor are not considered prior art. This grace period is significant because: It allows inventors to disclose their invention publicly before filing a patent application…
Read MoreHow does secret commercial use affect patentability?
Secret commercial use of an invention can significantly impact patentability. According to MPEP 2133.03(a): “Secret use is use by the inventor or by persons under the inventor’s control that is not visible to the public. Secret use may be commercial use or non-commercial use.” Key points about secret commercial use: It can trigger the one-year…
Read MoreWhat is the role of affidavits or declarations in establishing the grace period inventor-originated disclosure exception?
Affidavits or declarations play a crucial role in establishing the grace period inventor-originated disclosure exception when it’s not apparent from the disclosure itself or the patent application specification. The MPEP states: “The Office has provided a mechanism for filing an affidavit or declaration (under 37 CFR 1.130) to establish that a disclosure is not prior…
Read MoreWhat should I do if I receive a Notice of Non-Acceptance of Patent Maintenance Fee?
If you receive a Notice of Non-Acceptance of Patent Maintenance Fee (PTO-2142) from the USPTO, it’s crucial to take prompt action. According to MPEP 2531: “Reply to the notice is required prior to expiration of the grace period provided by 37 CFR 1.362(e) in order to avoid the expiration of the patent.” Here are the…
Read MoreHow can an inventor prove a previous public disclosure to invoke the exception under AIA 35 U.S.C. 102(b)(1)(A)?
To prove a previous public disclosure and invoke the exception under AIA 35 U.S.C. 102(b)(1)(A), an inventor must provide evidence that demonstrates the disclosure occurred before the date of the potential prior art being used against their application. According to MPEP 2155.02: “The previous public disclosure by the inventor or a joint inventor establishes that…
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