What is the effective date for prior art under AIA 35 U.S.C. 102(a)(2)?
Under AIA 35 U.S.C. 102(a)(2), the effective date for prior art is the date the patent document was effectively filed. The MPEP states: “AIA 35 U.S.C. 102(a)(2) sets forth three types of U.S. patent documents that are available as prior art as of the date they were effectively filed with respect to the subject matter…
Read MoreWhen does the national stage of an international patent application commence?
The national stage of an international patent application commences upon expiration of 30 months from the priority date, unless the applicant makes an express request for early processing. Specifically: “Subject to 35 U.S.C. 371(f), the national stage shall commence with the expiration of the applicable time limit under PCT Article 22(1) or (2), or under…
Read MoreWhat is the significance of the “right of priority” for design patents?
The “right of priority” is a critical concept in design patent applications, especially for international protection. MPEP 1504.10 states: “The right of priority is recognized for applications for design patents filed in the United States on and after December 18, 2013.” This right allows applicants to claim the benefit of an earlier filing date from…
Read MoreHow is the relevant date determined for prior art in international patent examinations?
The relevant date for considering prior art in international patent examinations is determined according to MPEP 1843.01, which references PCT Rule 64.1(b): Generally, it’s the international filing date of the application under examination If the application claims priority of an earlier application and has an international filing date within the priority period, it’s the filing…
Read MoreHow is the ‘relevant date’ determined for prior art in international patent applications?
The ‘relevant date’ for determining prior art in international patent applications is defined in MPEP 1878.01(a) and PCT Rule 64.1(b). It is generally: The international filing date of the application The filing date of an earlier application if priority is claimed and valid In some cases, the filing date of an earlier application even if…
Read MoreWhat is a priority document in international patent applications?
A priority document is an earlier application whose priority is claimed in an international patent application. It’s a crucial element in establishing the priority date for an invention. According to MPEP 1870, the International Preliminary Examining Authority may require a copy of this document: “If the International Preliminary Examining Authority needs a copy of the…
Read MoreWhat is the significance of a prior foreign application in U.S. patent examination?
The significance of a prior foreign application in U.S. patent examination is primarily related to establishing priority dates and determining the scope of prior art. The Manual of Patent Examining Procedure (MPEP) § 1302.06 directs examiners and applicants to MPEP § 202 and MPEP § 214 for detailed information on this topic. These sections provide…
Read MoreWhat is the “priority date” in the context of the Patent Cooperation Treaty (PCT)?
The priority date is a crucial concept in the Patent Cooperation Treaty (PCT) system. According to MPEP 1842, “Time limits under the PCT are measured from the ‘priority date’ of the application.” The MPEP further explains: “The priority date for the purposes of computing time limits is defined in PCT Article 2(xi). Where an international…
Read MoreWhen does international publication occur in a PCT application?
International publication is a key step in the PCT process, making the application publicly available. MPEP 1842 provides the following information: “Under PCT Article 21, the international publication of the international application by the International Bureau shall be effected promptly after the expiration of 18 months from the priority date of that application.” This means…
Read MoreWhat is the deadline for submitting an English translation of a PCT application entering the U.S. national stage?
The deadline for submitting an English translation of a PCT application entering the U.S. national stage is typically 30 months from the priority date. However, if the translation is missing or defective, the USPTO provides a grace period. According to the MPEP: “If applicant has timely paid the basic national fee and submitted the copy…
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