Is public knowledge the same as public use under pre-AIA 35 U.S.C. 102(b)?
No, public knowledge is not necessarily the same as public use under pre-AIA 35 U.S.C. 102(b). The MPEP clearly states: “Mere knowledge of the invention by the public does not warrant rejection under pre-AIA 35 U.S.C. 102(b). Pre-AIA 35 U.S.C. 102(b) bars public use or sale, not public knowledge.” (MPEP 2133.03(a)) However, it’s important to…
Read MoreWhat does “known or used by others in this country” mean in pre-AIA 35 U.S.C. 102(a)?
According to the MPEP, “The statutory language ‘known or used by others in this country’ [pre-AIA 35 U.S.C. 102(a)], means knowledge or use which is accessible to the public.” This interpretation was established in the case of Carella v. Starlight Archery. The MPEP further clarifies that for knowledge or use to be considered accessible to…
Read MoreHow can canceled matter from U.S. patent files be used as prior art?
While canceled matter is not a proper reference as of the filing date, it can still be used as prior art under certain conditions: According to MPEP 901.01: “Matter canceled from the application file wrapper of a U.S. patent or U.S. application publication may be used as prior art as of the patent or publication…
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