How 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…
Read MoreHow does the AIA affect the use of 37 CFR 1.131 affidavits for NAFTA/WTO acts?
How does the AIA affect the use of 37 CFR 1.131 affidavits for NAFTA/WTO acts? The America Invents Act (AIA) has significantly impacted the use of 37 CFR 1.131 affidavits, including those relying on acts in NAFTA/WTO countries. The MPEP 715.07(c) notes: “The provisions of 35 U.S.C. 104, as in effect on March 15, 2013,…
Read MoreWhich countries are recognized for priority claims under 35 U.S.C. 119(a)-(d)?
The MPEP provides a table of states (countries) for which the right of priority under 35 U.S.C. 119(a)-(d) is recognized. These countries fall into three categories: Parties to the Patent Cooperation Treaty (PCT) Parties to the Paris Convention for the Protection of Industrial Property Members of the World Trade Organization (WTO) The MPEP states: “Following…
Read MoreWhat are the requirements for claiming priority to a foreign application?
What are the requirements for claiming priority to a foreign application? To claim priority to a foreign application, several requirements must be met: The U.S. application must be filed within 12 months of the foreign application (or 6 months for design patents). The foreign application must be from a country that grants similar privileges to…
Read MoreWhich countries are recognized for claiming priority in U.S. patent applications?
The United States recognizes the right of priority for patent applications filed in countries that are: Parties to the Patent Cooperation Treaty (PCT) Members of the Paris Convention for the Protection of Industrial Property Members of the World Trade Organization (WTO) The MPEP states: Following is a table of states, i.e., countries, with respect to…
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