What is the one-year rule in pre-AIA 35 U.S.C. 135(b)?
The one-year rule in pre-AIA 35 U.S.C. 135(b) sets time limits for making claims that are the same as, or for substantially the same subject matter as, claims in an issued patent or published application. Specifically: For issued patents: A claim cannot be made in any application unless it’s made prior to one year from…
Read MoreWhat is the significance of the one-year rule in interference proceedings?
The one-year rule in interference proceedings, as outlined in pre-AIA 35 U.S.C. 135(b), imposes time limitations on when certain claims can be made in relation to issued patents or published applications. MPEP § 2304.02(c) explains: “If an application claim interferes with a claim of a patent, and the claim was added to the application by…
Read MoreWhat is the purpose of the on-sale and public use provisions in patent law?
The primary purpose of the on-sale and public use provisions in 35 U.S.C. 102 is to prevent inventors from commercially exploiting their inventions for more than one year before filing a patent application. As stated in the MPEP: “One policy of the on sale and public use provisions of 35 U.S.C. 102 is the prevention…
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