What is the relevance of pre-AIA 35 U.S.C. 102(g) in patent law?
Pre-AIA 35 U.S.C. 102(g) is a provision in U.S. patent law that was relevant before the America Invents Act (AIA) came into effect. According to MPEP 2138.02: “Prior art under pre-AIA 35 U.S.C. 102(g) is limited to an invention that is made.” This section of the law was significant because it: Defined what could be…
Read MoreCan the mere lapse of time bar a patent under pre-AIA 35 U.S.C. 102(c)?
Generally, the mere lapse of time does not bar a patent under pre-AIA 35 U.S.C. 102(c). According to MPEP 2134: “The mere lapse of time will not bar a patent. The only exception is when there is a priority contest under pre-AIA 35 U.S.C. 102(g) and applicant abandons, suppresses or conceals the invention.” This means…
Read MoreWhat are the general practices for handling potential interferences in patent applications?
The MPEP outlines several general practices for handling potential interferences in patent applications subject to pre-AIA 35 U.S.C. 102(g). These include: Practice 1: Consult an Interference Practice Specialist (IPS) when a potential interference is identified. Practice 2: When one application is in condition for allowance and another is not, generally allow the first application. Practice…
Read MoreCan a reissue application be used to provoke an interference?
Yes, a reissue application can be used to provoke an interference under certain circumstances. According to the MPEP, In appropriate circumstances, a reissue application subject to pre-AIA 35 U.S.C. 102(g) (first to invent) may be placed into interference with a patent or pending application. However, there are specific conditions that must be met: The reissue…
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