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What is the exception to the general rule for foreign patent reference dates?

By russ.krajec@blueironip.com | September 29, 2024

While the general rule is that a foreign patent becomes available as a reference on the date it becomes enforceable, there is an important exception. The MPEP states: “There is an exception to this rule when the patent is secret as of the date the rights are awarded.” (MPEP 2126.01) This exception, based on the…

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