How does the restoration of the right of priority affect the international search in a PCT application?

The restoration of the right of priority can have an impact on the international search process in a PCT application. According to MPEP 1828.01: “Where the receiving Office has restored the right of priority based on the criterion of “due care”, the International Searching Authority, the International Preliminary Examining Authority, or a designated Office may,…

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How do patent application publications of abandoned applications affect prior art?

Patent application publications of abandoned applications have significant implications for prior art: They are considered “printed” publications under 35 U.S.C. 102(a)(1), even if only disseminated electronically. The MPEP states: “A patent application publication published under 35 U.S.C. 122(b) of an application that has become abandoned may be available as prior art under pre-AIA 35 U.S.C.…

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How is novelty defined for international preliminary examination?

Novelty for international preliminary examination is defined in MPEP 1878.01(a)(1), which cites PCT Article 33(2): “For the purposes of the international preliminary examination, a claimed invention shall be considered novel if it is not anticipated by the prior art as defined in the Regulations.“ This definition applies to both the written opinion of the International…

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What types of nonpatent publications are considered in patent examinations?

According to MPEP 901.06, nonpatent publications considered in patent examinations include: Magazines Journals Technical bulletins Books Published papers Published articles Other scientific publications The MPEP states: “Abstracting publications such as Chemical Abstracts, biographical encyclopedias such as American Men and Women of Science, and other appropriate books in various fields are maintained in related groups.” These…

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What are nonpatent publications in patent examination?

Nonpatent publications are printed materials that can be used as references in patent examination. According to MPEP 901.06, “All printed publications may be used as references, the date to be cited being the publication date.” These publications include scientific and technical literature, books, periodicals, and other printed materials that are relevant to the examination of…

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How are non-written disclosures treated as prior art in international patent applications?

Non-written disclosures, such as oral disclosures, use, or exhibitions, are addressed in MPEP 1878.01(a) and PCT Rule 64.2. These disclosures are generally not considered part of the prior art if: The non-written disclosure occurred before the relevant date The date of the non-written disclosure is indicated in a written disclosure The written disclosure was made…

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How are non-written disclosures treated in international patent searches?

According to MPEP 1843.01, non-written disclosures are treated as follows in international patent searches: Non-written disclosures (e.g., oral disclosures, use, exhibitions) are not directly relevant prior art for international searches They become relevant only if substantiated by a written disclosure available to the public before the international filing date If a written disclosure referring to…

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