How does the MPEP address pre-AIA 35 U.S.C. 102 with respect to foreign patent dates?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The MPEP provides guidance on cases that discuss the date of patenting for foreign patents in the context of pre-AIA 35 U.S.C. 102. Specifically, MPEP 2126.01 states: “For a list of cases that discuss the date of patenting countries for purposes of pre-AIA 35 U.S.C. 102 in particular, see Chisum, Patents § 3.06[4] n.2.” (MPEP 2126.01) This reference to Chisum’s Patents provides a comprehensive list of relevant case law for those needing to determine the effective date of foreign patents under pre-AIA 35 U.S.C. 102. It’s important to note that this applies specifically to pre-AIA law, as the America Invents Act (AIA) has changed some aspects of prior art determination. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Summary of Foreign Patent Dates for Pre-AIA 35 U.S.C. 102 MPEP 2126.01 Date of Patent Availability as a Reference MPEP 2126.01 Patents Usable as Pre-AIA Prior Art Upon Granting MPEP 2126 Enforceable Patent Date Generally Reflects Grant Date MPEP 2126.01 Patent Available as Prior Art on Public Release Date MPEP 2126 Patent Secrecy Not Prior Art MPEP 2126 Document Must Be Publicly Available to Serve as Prior Art MPEP 2126 Required Patent Secrecy on Award Date Exception MPEP 2126.01 Patent Secrecy Does Not Affect Pre-AIA 102(d) MPEP 2126 Foreign Country Patents Not Determinative for Rejection MPEP 2126 Prohibited Other Related FAQs 5 FAQs Collapse Where can I find a summary of patenting dates for foreign patents? When is a foreign patent considered available as a reference? What is the exception to the general rule for foreign patent reference dates? How does the In re Ekenstam case affect the availability of secret patents as references? What is the sig...