How does the accessibility of foreign patents affect their use as prior art?
The accessibility of foreign patents is crucial in determining their use as prior art. Even if a foreign patent is difficult to access, it may still be considered prior art if it’s publicly available. The MPEP 2126 cites the case of In re Carlson, which states: “We recognize that Geschmacksmuster on display for public view…
Read MoreWhen can abandoned patent applications be used as prior art?
Abandoned patent applications can be used as prior art under specific circumstances: When they have been appropriately disclosed, such as being referenced in another patent’s disclosure, in a publication, or by voluntary disclosure. When they become publicly accessible. As stated in the MPEP: “An abandoned patent application may become evidence of prior art only when…
Read MoreWhat are the limitations on content in a 37 CFR 1.501 submission?
A 37 CFR 1.501 submission has specific limitations on its content, as outlined in MPEP 2205. The submission is restricted to: Patents Printed publications Patent owner written claim scope statements Additional information and explanations of pertinency and applicability The MPEP states: “The submission cannot include any issue which is not directed to patents, printed publications…
Read MoreCan 37 CFR 1.130 declarations be used for non-public disclosures?
37 CFR 1.130 declarations are primarily designed to address public disclosures that could be considered prior art under AIA 35 U.S.C. 102(a). However, they can also be used in certain situations involving non-public disclosures: 1.130(a) declarations can address subject matter obtained directly or indirectly from the inventor, which may include non-public disclosures. 1.130(b) declarations are…
Read MoreHow does 35 U.S.C. 102(a)(2) apply to patent applications?
35 U.S.C. 102(a)(2) applies to certain patent documents as prior art. The MPEP states: “U.S. patents, U.S. patent applications published under 35 U.S.C. 122(b), and international patent applications published under the Patent Cooperation Treaty to another are prior art under 35 U.S.C. 102(a)(2) if the effectively filed date of the disclosure of the reference is…
Read MoreHow does the Patent and Trademark Office Authorization Act of 2002 affect ex parte reexamination?
The Patent and Trademark Office Authorization Act of 2002 significantly impacted ex parte reexamination by allowing a substantial new question of patentability to be raised based on previously cited or considered art. The MPEP 2216 explains: “After the enactment of the Patent and Trademark Office Authorization Act of 2002 (‘the 2002 Act’), a substantial new…
Read MoreWhat is the significance of the 35 U.S.C. 102(a)(2) date for U.S. patents claiming priority?
The 35 U.S.C. 102(a)(2) date is crucial for determining the prior art effect of U.S. patents claiming priority. This date can affect whether a patent or application can be used as prior art against another application. The MPEP provides guidance on this topic: “See MPEP § 2136.02 and MPEP § 2136.03 for the 35 U.S.C.…
Read MoreWhat is a Statutory Invention Registration (SIR)?
A Statutory Invention Registration (SIR) is a defensive publication that provides some of the benefits of a patent without granting enforceable rights. As stated in the MPEP, A statutory invention registration is not a patent. It has the defensive attributes of a patent but does not have the enforceable attributes of a patent. SIRs are…
Read MoreWhat is a protest in patent examination?
A protest in patent examination is a mechanism that allows third parties to submit prior art or other information relevant to the patentability of a pending patent application. The process is outlined in MPEP Chapter 1900, which states: “The protest procedure permits members of the public to submit information to the Office for consideration in…
Read MoreWhat is an International Search Report in patent law?
An International Search Report (ISR) is a crucial document in the Patent Cooperation Treaty (PCT) process. According to MPEP 1844, “The results of the international search are recorded in the international search report (Form PCT/ISA/210), which, together with the written opinion of the International Searching Authority (Form PCT/ISA/237) is transmitted with Form PCT/ISA/220.” The ISR…
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