How does pre-AIA 35 U.S.C. 104 affect the establishment of invention dates for foreign inventions?

Pre-AIA 35 U.S.C. 104 affects the establishment of invention dates for foreign inventions by limiting the ability to use foreign activity as evidence of invention date in certain cases. According to MPEP 2301.01: “In proceedings in the Patent and Trademark Office, in the courts, and before any other competent authority, an applicant for a patent,…

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What is the significance of NAFTA and WTO member countries in establishing invention dates?

The significance of NAFTA (North American Free Trade Agreement) and WTO (World Trade Organization) member countries in establishing invention dates relates to changes in U.S. patent law that expanded the geographical scope for proving invention dates. According to MPEP 2138.02: “Pre-AIA 35 U.S.C. 104, as amended by GATT (Public Law 103-465, 108 Stat. 4809 (1994))…

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How does the MPEP 715.07(c) address the use of information from NAFTA and WTO countries in patent proceedings?

MPEP 715.07(c) addresses the use of information from NAFTA and WTO countries in patent proceedings by referencing pre-AIA 35 U.S.C. 104(a)(3), which states: “To the extent that any information in a NAFTA country or a WTO member country concerning knowledge, use, or other activity relevant to proving or disproving a date of invention has not…

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