What is the significance of the In re Monks case for patent reference dates?
The In re Monks case is significant in establishing the general rule for when a foreign patent becomes available as a reference. MPEP 2126.01 cites this case:
“In re Monks, 588 F.2d 308, 200 USPQ 129 (CCPA 1978).” (MPEP 2126.01)
This case affirmed the principle that the date a foreign patent becomes available as a reference is generally the date when the patent becomes enforceable, which is typically when the sovereign formally grants patent rights to the applicant. This ruling provides a clear standard for determining the effective date of foreign patents as prior art in U.S. patent examination.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2126.01 - Date Of Availability Of A Patent As A Reference,
Patent Law,
Patent Procedure