What 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 relied upon to show completion of the invention; however, a date of completion of the invention may not be established under 37 CFR 1.131(a) before December 8, 1993 in a NAFTA country or before January 1, 1996 in a WTO country other than a NAFTA country.”
These dates correspond to the effective dates of the North American Free Trade Agreement Act and the Uruguay Round Agreements Act, respectively.
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