How does pre-AIA 35 U.S.C. 104 affect military personnel serving abroad?
Pre-AIA 35 U.S.C. 104 provides specific rights for military personnel serving abroad. The law states: “If an invention was made by a person, civil or military— (A) while domiciled in the United States, and serving in any other country in connection with operations by or on behalf of the United States, (B) while domiciled in…
Read MoreWhat is the effect of a Joint Research Agreement on patent rejections?
A Joint Research Agreement (JRA) can affect patent rejections in the following ways: It can except certain subject matter as prior art under 35 U.S.C. 102(b)(2)(C) and 102(c) for applications subject to AIA. It can disqualify certain references as prior art under pre-AIA 35 U.S.C. 103(c). When a rejection is overcome due to a JRA,…
Read MoreHow does the MPEP 715.07(c) address the use of information from NAFTA and WTO countries in patent proceedings?
MPEP 715.07(c) addresses the use of information from NAFTA and WTO countries in patent proceedings by referencing pre-AIA 35 U.S.C. 104(a)(3), which states: “To the extent that any information in a NAFTA country or a WTO member country concerning knowledge, use, or other activity relevant to proving or disproving a date of invention has not…
Read MoreWhere can I find information on rejections based on pre-AIA 35 U.S.C. 102?
For information specific to rejections based on pre-AIA 35 U.S.C. 102, you should refer to MPEP §§ 2132 – 2139.03. These sections provide comprehensive guidance on how to apply the various subsections of pre-AIA 35 U.S.C. 102 in patent examination. It’s important to note that pre-AIA 35 U.S.C. 102 applies to patent applications filed before…
Read MoreHow does the effective filing date affect prior art rejections?
How does the effective filing date affect prior art rejections? The effective filing date of a claimed invention is crucial in determining what qualifies as prior art for rejections. According to MPEP 2152: “The effective filing date of a claimed invention is determined on a claim-by-claim basis and not an application-by-application basis. It is possible…
Read MoreWhat is the difference between 37 CFR 1.130(a) declarations and 37 CFR 1.132 affidavits?
The main difference between 37 CFR 1.130(a) declarations and 37 CFR 1.132 affidavits lies in their applicability to different versions of patent law: 37 CFR 1.130(a) declarations are used for applications subject to the first inventor to file provisions of the AIA (America Invents Act). 37 CFR 1.132 affidavits are used for applications subject to…
Read MoreHow does an affidavit or declaration under 37 CFR 1.130 differ from one under 37 CFR 1.131?
How does an affidavit or declaration under 37 CFR 1.130 differ from one under 37 CFR 1.131? The primary difference between affidavits or declarations under 37 CFR 1.130 and 37 CFR 1.131 lies in their applicability and purpose. According to MPEP 717.01: “37 CFR 1.130 affidavits or declarations are not applicable to applications subject to…
Read MoreHow does a 37 CFR 1.130 affidavit or declaration differ from a 37 CFR 1.131 affidavit?
The key difference between a 37 CFR 1.130 affidavit or declaration and a 37 CFR 1.131 affidavit lies in their purpose and application. As explained in MPEP 717.01: 37 CFR 1.130 is not the proper way to assert that the relevant disclosure is not prior art under pre-AIA 35 U.S.C. 102(a) because the disclosure was…
Read MoreWhat is derivation in the context of pre-AIA patent law?
In the context of pre-AIA patent law, derivation refers to a situation where the subject matter in a patent, application publication, or other publication is derived from the inventor’s or at least one joint inventor’s own invention. MPEP 715.01(c) explains: When the unclaimed subject matter of a patent, application publication, or other publication is the…
Read MoreWhat are the critical dates for establishing invention completion in NAFTA and WTO countries?
The MPEP 715.07(c) provides specific critical dates for establishing invention completion in NAFTA and WTO countries under pre-AIA law: NAFTA countries: On or after December 8, 1993 WTO member countries (other than NAFTA): On or after January 1, 1996 The MPEP states: “Acts occurring prior to the effective dates of NAFTA or URAA may be…
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