How are Defensive Publications cited as prior art?
Defensive Publications are cited as prior art under specific conditions: They are considered printed publications and cited under 35 U.S.C. 102(a)(1) or pre-AIA 35 U.S.C. 102(a) or 102(b). They become effective as prior art from the date of publication in the Official Gazette. They can be used alone or in combination with other prior art…
Read MoreWhat was the Defensive Publication Program and when was it available?
The Defensive Publication Program was a historical option for inventors to disclose their inventions without pursuing a full patent. Key points about the program include: It was available from April 1968 to May 8, 1985. Applicants could waive their rights to an enforceable patent. The application was laid open for public inspection. The applicant retained…
Read MoreHow does the USPTO notify the public about postal service interruptions?
The USPTO has established procedures to notify the public about postal service interruptions that may affect patent filings. According to MPEP 511: When the Director designates a postal service interruption or emergency, a notice will be published in the Official Gazette, and will be posted on the USPTO website at www.uspto.gov. The USPTO’s notification process…
Read MoreHow is the information about foreign applications reflected in the issued patent and Official Gazette?
When foreign applications are properly claimed and verified in a patent application, this information is reflected in the issued patent and the Official Gazette listing. This helps establish the priority date and international scope of the invention. The MPEP states: The front page of the patent when it is issued, and the listing in the…
Read MoreWhat information appears on the front page of a patent regarding foreign priority claims?
The front page of a patent includes the following information regarding foreign priority claims: The country of the foreign application The filing date of the foreign application The number of the foreign application This information is included for applications where the bib-data sheet has been properly endorsed. As stated in the MPEP: “The front page…
Read MoreWhat information is available about reexamination proceedings?
Information about reexamination proceedings is made available to the public in several ways: Announcement in the Official Gazette: The filing of each request for reexamination (where the full fee has been paid) is announced Reexaminations ordered at the Director’s initiative are also announced Public inspection of reexamination files: Once scanned into the Image File Wrapper…
Read MoreWhat information is published in the Official Gazette for a pre-AIA 37 CFR 1.47 application?
When a pre-AIA 37 CFR 1.47 application is found acceptable, certain information is published in the Official Gazette. According to the MPEP: A notice will be published in the Official Gazette identifying the application number, filing date, the title of the invention and the name(s) of the nonsigning inventor(s). This publication serves several purposes: It…
Read MoreHow is a pre-AIA 37 CFR 1.47 application processed?
The processing of a pre-AIA 37 CFR 1.47 application involves several steps: A filing date is assigned if the application meets the requirements of 37 CFR 1.53(b). A filing receipt is sent to the applicant. The application or an electronic message about the petition is forwarded to the Office of Petitions. If the papers are…
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