How does the MPEP address pre-AIA 35 U.S.C. 102 with respect to foreign patent dates?
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.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2126.01 - Date Of Availability Of A Patent As A Reference,
Patent Law,
Patent Procedure