When is a patent considered available to the public for prior art purposes?
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 MoreWhat is the exception to the general rule for foreign patent reference dates?
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 MoreWhen is a foreign patent considered available as a reference?
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…
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