How do AIA 35 U.S.C. 102(b)(1) exceptions affect international patent applications?

The AIA 35 U.S.C. 102(b)(1) exceptions have important implications for international patent applications, particularly in relation to the Patent Cooperation Treaty (PCT) and Paris Convention applications. According to MPEP 2153: “AIA 35 U.S.C. 102(d) defines ‘effective filing date’ for purposes of determining whether a particular disclosure qualifies as prior art under AIA 35 U.S.C. 102(a)(1)…

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What is meant by “industry” in the context of industrial applicability for patents?

In the context of industrial applicability for patents, the term “industry” is interpreted very broadly. As stated in PCT Article 33(4): “‘Industry’ shall be understood in its broadest sense, as in the Paris Convention for the Protection of Industrial Property.” This broad interpretation means that “industry” is not limited to manufacturing or traditional industrial sectors.…

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What is the Paris Convention for the Protection of Industrial Property?

The Paris Convention for the Protection of Industrial Property is an international agreement that establishes key principles for intellectual property protection, including patents. It was first signed in 1883 and has been revised several times since then. The Convention is significant in patent law because it established the right of priority, which allows patent applicants…

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Can a U.S. applicant claim priority from a provisional application filed in a foreign country?

Yes, a U.S. applicant can claim priority from a provisional application filed in a foreign country, provided certain conditions are met. The MPEP 213 states: An applicant may claim the right of priority based on a prior foreign application under the Paris Convention and 35 U.S.C. 119(a)-(d) whether the foreign application is an application for…

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What international agreements can form the basis for a priority claim?

Several international agreements can form the basis for a priority claim in patent applications. The MPEP mentions: The Paris Convention for the Protection of Industrial Property The Hague Agreement Concerning the International Registration of Industrial Designs The Benelux Designs Convention The Convention on the Grant of European Patents (European Patent Office) The Patent Cooperation Treaty…

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