How is the one-year time bar measured for patent applications?
The one-year time bar for patent applications under pre-AIA 35 U.S.C. 102(b) is measured from the U.S. filing date of the patent application. The MPEP clearly states: “The 1-year time bar is measured from the U.S. filing date. Thus, applicant will be barred from obtaining a patent if the public came into possession of the…
Read MoreWhat is the effective filing date for benefit claims under 35 U.S.C. 386(c) in AIA applications?
For determining the effective filing date under AIA 35 U.S.C. 100(i)(1)(B) with regard to a benefit claim under 35 U.S.C. 386(c) to a prior-filed international design application designating the United States, the U.S. filing date of the international design application should be used, rather than the international filing date, if they are different. The MPEP…
Read MoreHow is copendency determined for international design applications claiming benefit under 35 U.S.C. 386(c)?
When determining copendency for an international design application designating the United States and claiming benefit under 35 U.S.C. 386(c), it’s the U.S. filing date of the international design application that is relevant, not necessarily the international filing date. The MPEP states: In determining whether an international design application designating the United States is copending with…
Read More