What is the purpose of the enablement requirement in patent law?
The enablement requirement in patent law serves to ensure that the invention is sufficiently described to allow the public to make and use it. As explained in MPEP 2165.02: “The enablement requirement looks to placing the subject matter of the claims generally in the possession of the public.” This means that the patent application must…
Read MoreWhat types of prior art can bar patentability under pre-AIA 35 U.S.C. 102(b)?
Under pre-AIA 35 U.S.C. 102(b), several types of prior art can bar patentability if they occur more than one year before the patent application’s filing date. The MPEP specifically mentions: Publications Patents Public uses Sales The MPEP states: “It does not matter how the public came into possession of the invention. Public possession could occur…
Read MoreHow is the one-year time bar measured for patent applications?
The one-year time bar for patent applications under pre-AIA 35 U.S.C. 102(b) is measured from the U.S. filing date of the patent application. The MPEP clearly states: “The 1-year time bar is measured from the U.S. filing date. Thus, applicant will be barred from obtaining a patent if the public came into possession of the…
Read MoreCan an inventor’s own disclosure bar them from obtaining a patent?
Yes, an inventor’s own disclosure can potentially bar them from obtaining a patent if it occurs more than one year before filing the patent application. The MPEP states: “If one discloses one’s own work more than 1 year before the filing of the patent application, that person is barred from obtaining a patent.” This principle…
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