How does U.S. patent law differ from other countries regarding inventorship?
The MPEP highlights a key difference between U.S. patent law and that of other countries regarding inventorship: “The requirement that the applicant for a patent in an application filed before September 16, 2012 be the inventor(s) (except as otherwise provided in pre-AIA 37 CFR 1.41), and that the inventor or each joint inventor be identified…
Read MoreWhat constitutes “substantial activity” in the U.S. for the on-sale bar under pre-AIA law?
The concept of “substantial activity” in the U.S. is crucial for determining if foreign sales can trigger the on-sale bar under pre-AIA law. While the MPEP doesn’t provide an exhaustive definition, it offers guidance: “‘On sale’ status can be found if substantial activity prefatory to a ‘sale’ occurs in the United States.” (MPEP 2133.03(d)) This…
Read MoreHow are corrections handled for issued U.S. patents from international design applications?
For U.S. patents issued from international design applications, corrections are handled according to U.S. patent law, not the Hague Agreement procedures. As stated in MPEP 2930: “A patent issuing from an international design application may only be corrected in accordance with the provisions of title 35, United States Code, for correcting patents.” This means that…
Read MoreHow do PCT definitions in MPEP 1802 relate to U.S. patent law?
The PCT definitions referenced in MPEP 1802 are closely related to U.S. patent law, as they provide a framework for understanding international patent applications within the context of the U.S. patent system. This relationship is evident in the sources of definitions mentioned in MPEP 1802: “Additional definitions are in 35 U.S.C. 351, found in MPEP…
Read MoreWhat is the legal basis for claiming priority on a U.S. plant patent application?
The legal basis for claiming priority on a U.S. plant patent application based on a foreign plant breeder’s rights application is established in U.S. patent law. Specifically, it is grounded in 35 U.S.C. 119(f), which extends the right of priority to plant patent applications. According to MPEP 1613: “Pursuant to 35 U.S.C. 119(f), an application…
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