How does the In re Ekenstam case affect the availability of secret patents as references?
The In re Ekenstam case establishes an important exception to the general rule regarding the availability of foreign patents as references. MPEP 2126.01 mentions this case:
“In re Ekenstam, 256 F.2d 321, 118 USPQ 349 (CCPA 1958).” (MPEP 2126.01)
This case recognized that when a patent is kept secret even after rights are formally awarded, its effective date as a reference may be delayed. This exception is crucial for understanding how secret or confidential patents are treated in prior art considerations, potentially affecting their use in patent examinations and validity challenges.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2126.01 - Date Of Availability Of A Patent As A Reference,
Patent Law,
Patent Procedure