What is the significance of WIPO published applications under AIA 35 U.S.C. 102(a)(2)?
Under the America Invents Act (AIA), WIPO published applications that designate the United States are treated as U.S. patent application publications for prior art purposes. This is significant because: They are considered prior art regardless of their international filing date It doesn’t matter if they are published in English or not They are prior art…
Read MoreAre copies of U.S. patents and patent application publications required in reexamination requests?
Generally, copies of U.S. patents and U.S. patent application publications are not required to be submitted with reexamination requests. The MPEP 2218 states: “The requirement for the submission of a copy of every patent or printed publication relied upon or referred to in the request, pursuant to 37 CFR 1.510(b)(3), is waived to the extent…
Read MoreWhat qualifies as prior art under AIA 35 U.S.C. 102(a)(2)?
Under AIA 35 U.S.C. 102(a)(2), the following qualify as prior art: U.S. patents U.S. patent application publications WIPO published applications that designate the United States The MPEP specifies: Accordingly, a U.S. patent, a U.S. patent application publication, or a WIPO published application that names another inventor and was effectively filed before the effective filing date…
Read MoreWhat types of documents qualify as prior art under AIA 35 U.S.C. 102(a)(2)?
Under AIA 35 U.S.C. 102(a)(2), three types of patent documents qualify as prior art as of their effective filing date, provided they name another inventor: U.S. patents U.S. patent application publications Certain WIPO published applications As stated in the MPEP, These documents are referred to collectively as “U.S. patent documents.” It’s important to note that…
Read MoreAre there specific rules for submitting patents and patent-related documents in supplemental examination?
Yes, there are specific rules for submitting patents and patent-related documents in supplemental examination. According to MPEP 2807: “Patents, patent application publications, and third-party-generated affidavits or declarations must not be reduced in size or otherwise modified in the manner described in this paragraph.” This means that unlike court documents and non-patent literature, which may be…
Read MoreWhat changes were made to USPTO kind codes in 2001?
In 2001, the USPTO made significant changes to its kind codes system. According to MPEP 901.04(a), several key changes were implemented: Some kind codes were discontinued as of January 2, 2001: Code ‘A’ for Patents was replaced by B1 or B2 Code ‘P’ for Plant Patents was replaced by P2 or P3 Codes ‘B1, B2,…
Read MoreHow does the USPTO handle benefit claims in patent application publications for applications filed before and after September 16, 2012?
The USPTO treats benefit claims in patent application publications differently depending on whether the application was filed before or after September 16, 2012. The MPEP states: “For applications filed on or after September 16, 2012, the publication did not include the benefit claim to a prior-filed nonprovisional application where the specific reference was timely submitted…
Read MoreHow are U.S. patent application publications considered as prior art?
U.S. patent application publications are considered prior art under various sections of the patent law. According to MPEP 901.03: “U.S. patent application publications are prior art under pre-AIA 35 U.S.C. 102(a) and 102(b) and 35 U.S.C. 102(a)(1) as of the publication date. Under pre-AIA 35 U.S.C. 102(e)(1) and 35 U.S.C. 102(a)(2), a U.S. patent application…
Read MoreHow do patent application publications of abandoned applications affect prior art?
Patent application publications of abandoned applications have significant implications for prior art: They are considered “printed” publications under 35 U.S.C. 102(a)(1), even if only disseminated electronically. The MPEP states: “A patent application publication published under 35 U.S.C. 122(b) of an application that has become abandoned may be available as prior art under pre-AIA 35 U.S.C.…
Read MoreHow are patent application publications numbered and identified?
Patent application publications have a unique numbering system and identification method. According to MPEP 901.04(a): Each year the numbering of published patent applications will begin again with the new four-digit year and the number 0000001, so the number of a patent application publication must include an associated year. For example, a patent application publication might…
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