What is the significance of the “printed publication” bar in patent law?
The “printed publication” bar is a crucial concept in patent law, particularly in determining the novelty of an invention. According to MPEP 2128.01, a reference is considered a “printed publication” if it is accessible to the public. The MPEP states: “A reference is considered publicly accessible if it has been disseminated or otherwise made available…
Read MoreWhat does “known or used by others in this country” mean in pre-AIA 35 U.S.C. 102(a)?
According to the MPEP, “The statutory language ‘known or used by others in this country’ [pre-AIA 35 U.S.C. 102(a)], means knowledge or use which is accessible to the public.” This interpretation was established in the case of Carella v. Starlight Archery. The MPEP further clarifies that for knowledge or use to be considered accessible to…
Read MoreWho are considered “others” in the context of pre-AIA 35 U.S.C. 102(a)?
According to the MPEP, “The term ‘others’ in pre-AIA 35 U.S.C. 102(a) refers to any entity which is different from the inventive entity. The entity need only differ by one person to be ‘by others.’” This interpretation applies to all types of prior art references under pre-AIA 35 U.S.C. 102(a), including publications, public knowledge, and…
Read MoreHow does MPEP 2116 relate to patent examination?
MPEP 2116, titled “Novel, Nonobvious Starting Material or End Product,” is part of the broader chapter on patentability in the Manual of Patent Examining Procedure. While the specific content of this section is not provided, it likely guides patent examiners in assessing the patentability of processes involving novel or nonobvious starting materials or end products.…
Read MoreWhat is the importance of the prior art search in patent examination?
What is the importance of the prior art search in patent examination? The prior art search is a crucial step in the patent examination process, as outlined in MPEP 2103. Its importance lies in several key aspects: Determining novelty and non-obviousness of the claimed invention Identifying relevant documents for assessing patentability Providing a basis for…
Read MoreHow does implicit disclosure affect the novelty and obviousness of an invention?
Implicit disclosure plays a crucial role in determining the novelty and obviousness of an invention. When examining prior art, patent examiners consider both explicit teachings and implicit disclosures. As per MPEP 2144.01, “it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the…
Read MoreWhat is the geographical limitation of “in this country” in pre-AIA 35 U.S.C. 102(a)?
The MPEP clearly states that “The knowledge or use relied on in a pre-AIA 35 U.S.C. 102(a) rejection must be knowledge or use ‘in this country.’” This means that prior knowledge or use outside the United States, even if widespread in a foreign country, cannot be used as a basis for rejection under pre-AIA 35…
Read MoreHow does commercial use affect public use under pre-AIA 35 U.S.C. 102(a)?
The MPEP states that “The nonsecret use of a claimed process in the usual course of producing articles for commercial purposes is a public use.” However, it’s important to note that a secret use of a process, even if the resulting product is commercially sold, does not necessarily constitute public use under pre-AIA 35 U.S.C.…
Read MoreWhat is anticipation in patent law?
Anticipation in patent law refers to a situation where a claimed invention is rejected under 35 U.S.C. 102 because it is not novel over a prior art disclosure. The MPEP states: A claimed invention may be rejected under 35 U.S.C. 102 when the invention is anticipated (or is “not novel”) over a disclosure that is…
Read MoreHow does AIA 35 U.S.C. 103 define prior art for obviousness determinations?
AIA 35 U.S.C. 103 relies on AIA 35 U.S.C. 102(a) to define prior art for both novelty and obviousness determinations. The MPEP states: “AIA 35 U.S.C. 102(a) defines what is prior art both for purposes of novelty under AIA 35 U.S.C. 102 as well as for purposes of obviousness under AIA 35 U.S.C. 103.“ This…
Read More