Can canceled figures from a foreign patent application be used as prior art?
Yes, canceled figures from a foreign patent application can be used as prior art under certain circumstances. The MPEP provides an important case example: “Figures that had been canceled from a Canadian patent application before issuance of the patent were available as prior art under pre-AIA 35 U.S.C. 102(b) as of the date the application…
Read MoreWhat is the significance of a Budapest Treaty deposit for biological materials in patent applications?
A Budapest Treaty deposit can be significant for biological materials in patent applications, but it doesn’t automatically ensure that the material is considered known and readily available. According to MPEP 2404.01: “Even a deposit made under the Budapest Treaty and referenced in a United States or foreign patent document would not necessarily meet the test…
Read MoreWhat is the “Bayer” rule for determining public accessibility of printed publications?
The “Bayer” rule, established in In re Bayer, 568 F.2d 1357, 196 USPQ 670 (CCPA 1978), is a guideline for determining public accessibility of printed publications. According to MPEP 2128: “A reference will be considered publicly accessible if it was disseminated or otherwise made available to the extent that persons interested and ordinarily skilled in…
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