What happens if an applicant submits a statement to invoke the AIA 35 U.S.C. 102(b)(2)(C) exception?
When an applicant submits a statement to invoke the AIA 35 U.S.C. 102(b)(2)(C) exception, the examiner must carefully consider the statement and its implications. The MPEP provides specific guidance: ‘If the applicant disqualifies the subject matter relied upon by the examiner in accordance with AIA 35 U.S.C. 102(b)(2)(C) and the procedures in MPEP § 717.02(b),…
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?
How does the USPTO handle situations where the requirements for the AIA 35 U.S.C. 102(b)(2)(C) exception are not fully met? When the requirements for invoking the AIA 35 U.S.C. 102(b)(2)(C) exception are not fully met, the USPTO follows a specific procedure. According to MPEP 717.02(b): “If the requirements have not been met, the examiner will…
Read MoreHow does the USPTO evaluate if the prior art exception under AIA 35 U.S.C. 102(b)(2)(C) is properly invoked?
How does the USPTO evaluate if the prior art exception under AIA 35 U.S.C. 102(b)(2)(C) is properly invoked? The USPTO evaluates whether the prior art exception under AIA 35 U.S.C. 102(b)(2)(C) is properly invoked by examining the evidence provided by the applicant. According to MPEP 717.02(b): “The applicant may invoke this exception by filing a…
Read MoreWhat is the 35 U.S.C. 102(b)(2)(C) exception?
The 35 U.S.C. 102(b)(2)(C) exception is a prior art exception that can be invoked to disqualify certain disclosures as prior art under 35 U.S.C. 102(a)(2). As stated in the MPEP: It is important to recognize that the 35 U.S.C. 102(b)(2)(C) exception can only be invoked in regard to a disclosure that is applied in a…
Read MoreWhat statement is required to invoke the prior art exception under 35 U.S.C. 102(b)(2)(C)?
To invoke the prior art exception under 35 U.S.C. 102(b)(2)(C), the applicant or patent owner must provide a specific statement regarding common ownership. The MPEP provides guidance on this statement: The statement should either be on or begin on a separate sheet and must not be directed to other matters (37 CFR 1.4(c)). The statement…
Read MoreHow can an applicant show common ownership to invoke the prior art exception?
How can an applicant show common ownership to invoke the prior art exception? To invoke the prior art exception under 35 U.S.C. 102(b)(2)(C), an applicant must demonstrate common ownership. According to MPEP 717.02(a): The statement concerning common ownership should be clear and conspicuous (e.g., on a separate paper) to ensure the examiner notices the statement.…
Read MoreWhat is the ‘shielding effect’ in AIA 35 U.S.C. 102(b)(1)(B) and how does it work?
What is the ‘shielding effect’ in AIA 35 U.S.C. 102(b)(1)(B) and how does it work? The ‘shielding effect’ in AIA 35 U.S.C. 102(b)(1)(B) is a powerful protection for inventors who publicly disclose their invention before filing a patent application. According to MPEP 717: “AIA 35 U.S.C. 102(b)(1)(B) provides that a disclosure which would otherwise qualify…
Read MoreCan the prior art exception under 35 U.S.C. 102(b)(2)(C) be applied retroactively?
Can the prior art exception under 35 U.S.C. 102(b)(2)(C) be applied retroactively? The application of the prior art exception under 35 U.S.C. 102(b)(2)(C) is not retroactive. According to the MPEP 717.02(a): “The CREATE Act provisions of the AIA apply only to applications filed on or after September 16, 2012.” This means that the exception cannot…
Read MoreWhat are the requirements for establishing a prior art exception under AIA 35 U.S.C. 102(b)(2)(C)?
To establish a prior art exception under AIA 35 U.S.C. 102(b)(2)(C), applicants must file a proper submission. According to MPEP 717.02(c), this can be done in two ways: Common ownership: A clear and conspicuous statement that the claimed invention and the subject matter disclosed were, not later than the effective filing date of the claimed…
Read MoreWhat are the requirements for invoking the prior art exception under 35 U.S.C. 102(b)(2)(C)?
What are the requirements for invoking the prior art exception under 35 U.S.C. 102(b)(2)(C)? To invoke the prior art exception under 35 U.S.C. 102(b)(2)(C), specific requirements must be met. According to MPEP 717.02(a): “The applicant or patent owner may establish common ownership by providing a statement to the effect that the subject matter and the…
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