How does reduction to practice relate to the on-sale bar in patent law?

Reduction to practice and the on-sale bar are closely related concepts in patent law, particularly in determining the critical date for patentability. The MPEP 2138.05 does not directly address this relationship, but it’s important to understand their interaction: The on-sale bar, codified in 35 U.S.C. 102(a)(1), prevents patenting an invention that was on sale more…

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What is a redacted application publication in patent law?

A redacted application publication is a special type of patent application publication where certain information has been removed or obscured. MPEP 2154.01(d) mentions redacted publications in the context of provisional rejections: “[A] provisional rejection under 35 U.S.C. 102(a)(2) may be made, in the circumstances described below, if the earlier filed, pending application has been published…

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What is the significance of keeping records during experimental use?

What is the significance of keeping records during experimental use? Keeping detailed records during experimental use is crucial for inventors seeking to protect their patent rights. According to MPEP 2133.03(e), whether records were kept is one of the factors considered in determining if an activity qualifies as experimental use. Good record-keeping serves multiple purposes: It…

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What is the rebuttable presumption of identity in patent law?

The rebuttable presumption of identity in patent law refers to the USPTO’s assumption that a replacement deposit is identical to the original deposit. This concept is explained in MPEP 2407.04: “37 CFR 1.805(e) indicates that the Office will apply a rebuttable presumption of identity between the replacement deposit and an original deposit where a patent…

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