How can an applicant overcome a rejection based on prior use or knowledge under MPEP 715.01(d)?
MPEP 715.01(d) provides two main ways for an applicant to overcome a rejection based on prior use or knowledge: Affidavit or declaration under 37 CFR 1.131(a): The MPEP states: “a rejection under pre-AIA 35 U.S.C. 102 or 103 based on an activity showing that the claimed invention was used or known prior to the filing…
Read MoreWhat MPEP sections cover rejections under AIA 35 U.S.C. 102?
For patent applications subject to the America Invents Act (AIA), information on rejections under AIA 35 U.S.C. 102 can be found in MPEP §§ 2151 – 2156. These sections provide detailed guidance on how to apply the AIA version of 35 U.S.C. 102 in patent examination. The AIA version of 35 U.S.C. 102 applies to…
Read MoreWhat activities can be applied against patent claims under MPEP 715.01(d)?
According to MPEP 715.01(d), activities showing that the claimed invention was used or known prior to the filing date of the application can be applied against patent claims, unless they constitute a statutory bar. Specifically, the MPEP states: “Unless it is a statutory bar, a rejection under pre-AIA 35 U.S.C. 102 or 103 based on…
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