TwitterLinkedinSkypeRssEmail
+1.970.776.4355
BlueIron IP
  • About
  • IP-Backed Loans
  • Blog
  • All FAQs
    • Patent Loans
    • Patent Law FAQ
  • Contact
  • Schedule a Call

When is a patent considered available to the public for prior art purposes?

By russ.krajec@blueironip.com | September 30, 2024

A patent is considered available to the public for prior art purposes under 35 U.S.C. 102(a) or pre-AIA 35 U.S.C. 102(a) or (b) when it is made sufficiently accessible. According to MPEP 2126: “The patent is sufficiently available to the public for the purposes of 35 U.S.C. 102(a) or pre-AIA 35 U.S.C. 102(a) or (b)…

Read More

What is the exception to the general rule for foreign patent reference dates?

By russ.krajec@blueironip.com | September 29, 2024

While the general rule is that a foreign patent becomes available as a reference on the date it becomes enforceable, there is an important exception. The MPEP states: “There is an exception to this rule when the patent is secret as of the date the rights are awarded.” (MPEP 2126.01) This exception, based on the…

Read More

When is a foreign patent considered available as a reference?

By russ.krajec@blueironip.com | September 29, 2024

Generally, a foreign patent is considered available as a reference on the date it becomes enforceable. This is typically the date when the sovereign formally bestows patent rights to the applicant. As stated in the MPEP: “The date the patent is available as a reference is generally the date that the patent becomes enforceable. This…

Read More

Search

Categories

Recent Posts

  • Stolen Valor: How Sleazy Patent Attorneys Abuse Inventorship
  • Four Horsemen of the Investor Apocalypse
  • AI-Assisted Patent Search Tools Exacerbate Inventor Biases
  • Your Patent Attorney Is NOT Giving Business Advice
  • Contempt from Crowdfunded Equity
  • Entrepreneurs and Imposter Syndrome
  • AI Startups: Protect Everything EXCEPT the Patent
  • Blog
  • Contact Us
  • Disclaimer
  • Privacy Policy
  • Media Kit
BlueIron IP | 1635 Foxtrail Drive, Ste 321 | Loveland, Colorado 80538 | USA