How does a provisional application affect the critical reference date under pre-AIA 35 U.S.C. 102(e)?
A provisional application can affect the critical reference date under pre-AIA 35 U.S.C. 102(e) if certain conditions are met. The MPEP states: “The critical reference date under pre-AIA 35 U.S.C. 102(e) of a U.S. patent, a U.S. patent application publication, as well as an international application publication having prior art effect under pre-AIA 35 U.S.C.…
Read MoreHow does the filing date of a U.S. parent application affect the pre-AIA 35 U.S.C. 102(e) date in a continuing application?
The filing date of a U.S. parent application can be used as the pre-AIA 35 U.S.C. 102(e) date in a continuing application, but only if certain conditions are met. The MPEP states: “For prior art purposes, a U.S. patent or patent application publication that claims the benefit of an earlier filing date under 35 U.S.C.…
Read MoreHow are international applications treated under pre-AIA 35 U.S.C. 102(e)?
The treatment of international applications under pre-AIA 35 U.S.C. 102(e) depends on their filing date and other factors: For international applications filed on or after November 29, 2000: If the application meets three conditions: (1) international filing date on or after November 29, 2000, (2) designated the United States, and (3) published under PCT Article…
Read MoreCan a foreign priority date be used as the pre-AIA 35 U.S.C. 102(e) reference date?
No, a foreign priority date cannot be used as the pre-AIA 35 U.S.C. 102(e) reference date. The MPEP clearly states: “Foreign applications’ filing dates that are claimed (via 35 U.S.C. 119(a)–(d), (f) or 35 U.S.C. 365(a)) in applications, which have been published as U.S. or WIPO application publications or patented in the U.S., may not…
Read MoreIs the date of conception or reduction to practice relevant for determining the pre-AIA 35 U.S.C. 102(e) reference date?
No, the date of conception or reduction to practice is not relevant for determining the pre-AIA 35 U.S.C. 102(e) reference date. The MPEP clearly states: “When the cases are not in interference, the effective date of the reference as prior art is its filing date in the United States (which will include certain international filing…
Read MoreWhat is the difference between pre-AIA and AIA treatment of patent prior art?
What is the difference between pre-AIA and AIA treatment of patent prior art? The America Invents Act (AIA) introduced significant changes to how patent prior art is treated compared to the pre-AIA system. The MPEP 2152.02(a) highlights a key difference: “The AIA draws no distinction between patents and published patent applications as prior art.” This…
Read More