TwitterLinkedinSkypeRssEmail
+1.970.776.4355
BlueIron IP
  • About
  • Services
    • Patent Financing by BlueIron
    • IP Insurance by BlueIron
    • Loans Using Patents As Collateral
  • Blog
  • All FAQs
    • Patent Financing
    • Patent Loans
    • Patent Insurance
    • Patent Law FAQ
  • Contact
  • Schedule a Call

Can a secret patent be used as prior art under 35 U.S.C. 102(a) or pre-AIA 35 U.S.C. 102(a) or (b)?

By russ.krajec@blueironip.com | September 30, 2024

No, a secret patent cannot be used as prior art under 35 U.S.C. 102(a) or pre-AIA 35 U.S.C. 102(a) or (b). The MPEP 2126 states: “Even if a patent grants an exclusionary right (is enforceable), it is not available as prior art under 35 U.S.C. 102(a) or pre-AIA 35 U.S.C. 102(a) or (b) if it…

Read More

When does a patent become prior art under AIA 35 U.S.C. 102(a)(1)?

By russ.krajec@blueironip.com | September 30, 2024

Under AIA 35 U.S.C. 102(a)(1), a patent generally becomes prior art on its grant date. The MPEP states: “The effective date of the patent for purposes of determining whether the patent qualifies as prior art under AIA 35 U.S.C. 102(a)(1) is the grant date of the patent.” However, there’s an exception for secret patents: “There…

Read More

How does the In re Ekenstam case affect the availability of secret patents as references?

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

The In re Ekenstam case establishes an important exception to the general rule regarding the availability of foreign patents as references. MPEP 2126.01 mentions this case: “In re Ekenstam, 256 F.2d 321, 118 USPQ 349 (CCPA 1958).” (MPEP 2126.01) This case recognized that when a patent is kept secret even after rights are formally awarded,…

Read More

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…

Read More

Search

Categories

Recent Posts

  • Gullible Angel Investors and Provisional Patent Applications
  • The Provisional Patent Hoax
  • How accelerators and angel groups lose their way.
  • The Endless Science Project
  • Calling yourself an “Expert”
  • Patents Age Like Fine Wine
  • Trading on the Differences

Sign Me Up

Get weekly updates

This post was tagged

Angel Investing Attorney Client Relationship best mode description claims Design Patents Entrepreneurship Foreign Patents How To Get A Patent How To Patent An Idea Intellectual Property Intellectual Property Strategies Invent invention description Invest in Startups Investment Grade Patents Investor Due Diligence IP Due Diligence long descriptions Non Disclosure Agreement Patent Attorney patent attorneys patent claims Patent Cost Patent Drafting Patent Enforcement Patent Financing Patent Insurance Patent Law Firms Patent Licensing Patent Litigation Patent Portfolio Patent Prosecution Patent Protection patent specification Patent Value problems with patents Provisional Patent provisional patent applications provisional patents provisionals Seed Capital Tech Startups Trade Secret Utility Patents Why Get A Patent
  • Blog
  • Contact Us
  • Disclaimer
  • Privacy Policy
  • Media Kit
BlueIron IP | 1635 Foxtrail Drive, Ste 321 | Loveland, Colorado 80538 | USA