What is Pre-AIA 35 U.S.C. 102(d) and when does it apply?
Pre-AIA 35 U.S.C. 102(d) is a provision of patent law that establishes statutory bars against granting a patent in the United States under certain conditions related to foreign patents or inventor’s certificates. It’s important to note that this provision is not applicable to applications subject to examination under the first inventor to file (FITF) provisions…
Read MoreHow does the MPEP define a “patent” for prior art purposes under 35 U.S.C. 102?
The MPEP 2126 provides a specific definition for what constitutes a “patent” in the context of prior art rejections under 35 U.S.C. 102. It states: “The term ‘patent’ as used in 35 U.S.C. 102(a) or pre-AIA 35 U.S.C. 102(a), (b), and (d) includes utility models, inventor’s certificates, and similar patent rights issued by foreign countries.”…
Read MoreWhat types of documents can be used for a pre-AIA 35 U.S.C. 102(d) rejection?
For a pre-AIA 35 U.S.C. 102(d) rejection, only specific types of documents can be used. The MPEP clearly states: “The document must be a patent or inventor’s certificate and not merely a published or laid open application.“ This means that only granted patents or inventor’s certificates can serve as the basis for a pre-AIA 35…
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