What is the exception to the general rule for foreign patent reference dates?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. While the general rule is that a foreign patent becomes available as a reference on the date it becomes enforceable, there is an important exception. The MPEP states: “There is an exception to this rule when the patent is secret as of the date the rights are awarded.” (MPEP 2126.01) This exception, based on the case In re Ekenstam , means that if a patent is kept secret even after the rights are formally awarded, its effective date as a reference may be delayed until it becomes publicly available. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Date of Patent Availability as a Reference MPEP 2126.01 Patent Secrecy on Award Date Exception MPEP 2126.01 Patent Available as Prior Art on Public Release Date MPEP 2126 Summary of Foreign Patent Dates for Pre-AIA 35 U.S.C. 102 MPEP 2126.01 Enforceable Patent Date Generally Reflects Grant Date MPEP 2126.01 Secret Patents Not Considered Public Use MPEP 2126 Document Must Be Publicly Available to Serve as Prior Art MPEP 2126 Required Patent Must Be Publicly Available MPEP 2126 Patent Must Be Publicly Available MPEP 2126 Permitted Patent Must Be Publicly Available for Prior Art Rejection MPEP 2126 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? How does the In re Ekenstam case affect the availability of secret patents as references? What is the significance of the In re Monks case for patent reference dates? How does the MPEP address pre-AIA 35 U.S.C. 102 with respect to foreign patent dates?