What is the “relevant date” for determining prior art in PCT applications?
The “relevant date” for determining prior art in PCT applications is defined in MPEP 1878.01(a), which cites PCT Rule 64.1(b). The relevant date is generally: The international filing date of the application The filing date of an earlier application if priority is validly claimed and the international filing date is within the priority period The…
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 MoreWhat is the relevant date for considering inventive step in PCT applications?
The relevant date for considering inventive step in PCT applications is specified in PCT Rule 65.2. According to MPEP 1878.01(a)(2): “For the purposes of Article 33(3), the relevant date for the consideration of inventive step (non-obviousness) is the date prescribed in Rule 64.1.” Rule 64.1 generally establishes the international filing date as the relevant date…
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 considered prior art for international patent applications?
According to MPEP 1878.01(a), prior art for international patent applications is defined in PCT Rule 64.1(a) as: “everything made available to the public anywhere in the world by means of written disclosure (including drawings and other illustrations) … provided that such making available occurred prior to the relevant date.” The ‘relevant date’ is generally the…
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