What is a statutory bar in the context of MPEP 715.01(d)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 8 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. While MPEP 715.01(d) doesn’t explicitly define a statutory bar, it mentions it as an exception to when certain rejections can be overcome. The section states: “Unless it is a statutory bar, a rejection under pre-AIA 35 U.S.C. 102 or 103 based on an activity showing that the claimed invention was used or known prior to the filing date of the application may be overcome…” A statutory bar refers to certain events or activities that, if they occur more than one year before the filing date of a patent application, will permanently bar the inventor from obtaining a patent. These are defined in pre-AIA 35 U.S.C. 102(b) and typically include: Public use of the invention in the U.S. Sale or offer for sale of the invention in the U.S. Printed publication describing the invention anywhere in the world If a statutory bar exists, the applicant cannot overcome the rejection using the methods described in MPEP 715.01(d), such as swearing behind the reference with an affidavit or declaration. Related Rules from the Manual of Patent Examining Procedure 8 rules Collapse Prior Art Under Pre-AIA 35 U.S.C. 102 MPEP 715.01(d) Affidavit Requirement to Overcome Pre-AIA Rejection Based on Prior Activity MPEP 715.01(d) Permitted Affidavit Showing Inventor Performed Activity MPEP 715.01(d) Permitted Affidavits or Declarations for AIA First Inventor to File Provision MPEP 715.01(d) Affidavits Under 37 CFR 1.131(c) Must Be Discussed MPEP 715.01(d) Requirement for Oath or Declaration from Inventors MPEP 1303 Oath or Declaration Required for Allowance MPEP 1303 Petition for Express Abandonment to Avoid Publication MPEP 1135 Permitted Other Related FAQs 5 FAQs Collapse What types of activities can be used against claims in ...