How does the “on sale” bar apply to foreign activities under pre-AIA 35 U.S.C. 102(b)?

The application of the “on sale” bar to foreign activities under pre-AIA 35 U.S.C. 102(b) is nuanced. Generally, it does not apply to activities entirely outside the U.S., but there are exceptions: 1. Foreign manufacture and delivery: “The ‘on sale’ bar does not generally apply where both manufacture and delivery occur in a foreign country.”…

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Can foreign sales activities trigger the on-sale bar under pre-AIA law?

Yes, foreign sales activities can potentially trigger the on-sale bar under pre-AIA law, but with specific conditions. The MPEP 2133.03(d) provides guidance on this: 1. General rule: “The ‘on sale’ bar does not generally apply where both manufacture and delivery occur in a foreign country.” 2. Exceptions: “‘On sale’ status can be found if substantial…

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How does the Budapest Treaty relate to exemptions from replacement deposits?

The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure is an international agreement that standardizes the deposit of biological materials for patent purposes. The Manual of Patent Examining Procedure (MPEP) explicitly references this treaty in relation to exemptions from replacement deposits: “See also Article 5 of…

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How does the Budapest Treaty relate to the conditions of biological material deposit?

The MPEP 2410.01 mentions the Budapest Treaty in relation to the conditions of biological material deposit. While the exception allowed under 37 CFR 1.808(b) is consistent with the Budapest Treaty and its implementing regulations (Rule 11.4), there are some differences: The Budapest Treaty allows for other conditions on accessibility as prescribed by national law. Merely…

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What is the right of priority for plant patent applications based on plant breeder’s rights?

The right of priority for plant patent applications based on plant breeder’s rights is established under 35 U.S.C. 119(f). This provision allows an applicant for a plant patent to claim priority based on an earlier application for plant breeder’s rights filed in certain foreign countries. According to MPEP 1613: “Pursuant to 35 U.S.C. 119(f), an…

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