What is the significance of “at the time of the invention” in equivalence determinations?
What is the significance of “at the time of the invention” in equivalence determinations? The phrase “at the time of the invention” is crucial in equivalence determinations during patent examination. The MPEP emphasizes this temporal aspect: “[T]he examiner must … determine whether the assertedly equivalent element in the prior art or a reference would have…
Read MoreHow does the “time of invention” differ for AIA and pre-AIA applications in equivalence determinations?
The “time of invention” consideration differs for AIA (America Invents Act) and pre-AIA applications in equivalence determinations: For AIA applications: The relevant time is “before the effective filing date of the claimed invention.” For pre-AIA applications: The relevant time is “at the time of the invention.” MPEP 2183 notes: “For applications subject to the first…
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