How does pre-AIA 35 U.S.C. 104 affect the establishment of invention dates for foreign inventions?
Pre-AIA 35 U.S.C. 104 affects the establishment of invention dates for foreign inventions by limiting the ability to use foreign activity as evidence of invention date in certain cases. According to MPEP 2301.01: “In proceedings in the Patent and Trademark Office, in the courts, and before any other competent authority, an applicant for a patent,…
Read MoreWhat is the significance of NAFTA and WTO member countries in establishing invention dates?
The significance of NAFTA (North American Free Trade Agreement) and WTO (World Trade Organization) member countries in establishing invention dates relates to changes in U.S. patent law that expanded the geographical scope for proving invention dates. According to MPEP 2138.02: “Pre-AIA 35 U.S.C. 104, as amended by GATT (Public Law 103-465, 108 Stat. 4809 (1994))…
Read MoreWhat is the significance of WTO membership and UPOV Contracting Party status for plant patent priority claims?
The significance of WTO (World Trade Organization) membership and UPOV (International Union for the Protection of New Varieties of Plants) Contracting Party status lies in their role as qualifying criteria for plant patent priority claims. These international agreements ensure a level of standardization and reciprocity in plant variety protection. MPEP 1613 specifies: “Pursuant to 35…
Read MoreWhich countries’ plant breeder’s rights applications can be used for U.S. plant patent priority?
U.S. plant patent applications can claim priority based on plant breeder’s rights applications filed in two categories of countries: WTO (World Trade Organization) member countries Foreign UPOV (International Union for the Protection of New Varieties of Plants) Contracting Parties This is specified in MPEP 1613, which states: “Pursuant to 35 U.S.C. 119(f), an application for…
Read MoreHow does pre-AIA 35 U.S.C. 104 affect military personnel serving abroad?
Pre-AIA 35 U.S.C. 104 provides specific rights for military personnel serving abroad. The law states: “If an invention was made by a person, civil or military— (A) while domiciled in the United States, and serving in any other country in connection with operations by or on behalf of the United States, (B) while domiciled in…
Read MoreWhat happens if an inventor’s act occurs in a country that joins NAFTA or WTO after the act?
What happens if an inventor’s act occurs in a country that joins NAFTA or WTO after the act? If an inventor’s act occurs in a country that later joins NAFTA or WTO, the act can still be relied upon for an affidavit or declaration under 37 CFR 1.131. According to MPEP 715.07(c): “An affidavit or…
Read MoreHow does the MPEP 715.07(c) address the use of information from NAFTA and WTO countries in patent proceedings?
MPEP 715.07(c) addresses the use of information from NAFTA and WTO countries in patent proceedings by referencing pre-AIA 35 U.S.C. 104(a)(3), which states: “To the extent that any information in a NAFTA country or a WTO member country concerning knowledge, use, or other activity relevant to proving or disproving a date of invention has not…
Read MoreWhat are the geographical limitations for acts relied upon in a 37 CFR 1.131(a) affidavit?
MPEP 715.07(c) outlines the geographical limitations for acts relied upon in a 37 CFR 1.131(a) affidavit or declaration. According to pre-AIA 35 U.S.C. 104: Acts must have been carried out in the United States, a NAFTA country, or a WTO member country. For NAFTA countries, acts can be relied upon if they occurred on or…
Read MoreWhat are the critical dates for establishing invention completion in NAFTA and WTO countries?
The MPEP 715.07(c) provides specific critical dates for establishing invention completion in NAFTA and WTO countries under pre-AIA law: NAFTA countries: On or after December 8, 1993 WTO member countries (other than NAFTA): On or after January 1, 1996 The MPEP states: “Acts occurring prior to the effective dates of NAFTA or URAA may be…
Read MoreWhat countries are considered for establishing a date of invention under pre-AIA 35 U.S.C. 104?
Under pre-AIA 35 U.S.C. 104, an applicant or patentee can establish a date of invention by referencing knowledge, use, or other activity in the United States, NAFTA countries, or WTO member countries. The MPEP states: “Under 37 CFR 1.131(a), which provides for the establishment of a date of completion of the invention in a NAFTA…
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