How is “substantially the same subject matter” determined for pre-AIA 35 U.S.C. 135(b)?
Determining “substantially the same subject matter” for pre-AIA 35 U.S.C. 135(b) is crucial for interference proceedings. The MPEP provides guidance on this determination: “The obviousness test is not the standard for determining whether the subject matter is the same or substantially the same. Rather the determination turns on the presence or absence of a different…
Read MoreWhat is the one-year rule in pre-AIA 35 U.S.C. 135(b)?
The one-year rule in pre-AIA 35 U.S.C. 135(b) sets time limits for making claims that are the same as, or for substantially the same subject matter as, claims in an issued patent or published application. Specifically: For issued patents: A claim cannot be made in any application unless it’s made prior to one year from…
Read MoreWhat are the time limitations for filing a reissue application to provoke an interference?
There are important time limitations to consider when filing a reissue application to provoke an interference: One-year rule: The MPEP states, The issue date of the patent, or the publication date of the application publication (whichever is applicable under pre-AIA 35 U.S.C. 135(b)), with which an interference is sought must be less than 1 year…
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