What happens if an applicant submits a statement to invoke the AIA 35 U.S.C. 102(b)(2)(C) exception?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. When an applicant submits a statement to invoke the AIA…
Read MoreHow does the USPTO handle situations where the requirements for the AIA 35 U.S.C. 102(b)(2)(C) exception are not fully met?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. When the requirements for invoking the AIA 35 U.S.C. 102(b)(2)(C)…
Read MoreHow does the USPTO evaluate if the prior art exception under AIA 35 U.S.C. 102(b)(2)(C) is properly invoked?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The USPTO evaluates whether the prior art exception under AIA…
Read MoreWhat is the 35 U.S.C. 102(b)(2)(C) exception?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The 35 U.S.C. 102(b)(2)(C) exception is a prior art exception that can be invoked…
Read MoreWhat statement is required to invoke the prior art exception under 35 U.S.C. 102(b)(2)(C)?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. To invoke the prior art exception under 35 U.S.C. 102(b)(2)(C),…
Read MoreHow can an applicant show common ownership to invoke the prior art exception?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. To invoke the prior art exception under 35 U.S.C. 102(b)(2)(C),…
Read MoreWhat is the ‘shielding effect’ in AIA 35 U.S.C. 102(b)(1)(B) and how does it work?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. What is the ‘shielding effect’ in AIA 35 U.S.C. 102(b)(1)(B)…
Read MoreCan the prior art exception under 35 U.S.C. 102(b)(2)(C) be applied retroactively?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The application of the prior art exception under 35 U.S.C.…
Read MoreWhat are the requirements for establishing a prior art exception under AIA 35 U.S.C. 102(b)(2)(C)?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. To establish a prior art exception under AIA 35 U.S.C.…
Read MoreWhat are the requirements for invoking the prior art exception under 35 U.S.C. 102(b)(2)(C)?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10 10 Rules5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. To invoke the prior art exception under 35 U.S.C. 102(b)(2)(C),…
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