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,…

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What 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))…

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What 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…

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Which 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…

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How 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…

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