What is the significance of the In re Monks case for 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Summary of Foreign Patent Dates for Pre-AIA 35 U.S.C. 102 MPEP 2126.01 Patent Available as Prior Art on Public Release Date MPEP 2126 Date of Patent Availability as a Reference MPEP 2126.01 Patents Usable as Pre-AIA Prior Art Upon Granting MPEP 2126 Patent Secrecy Not Prior Art MPEP 2126 Enforceable Patent Date Generally Reflects Grant Date MPEP 2126.01 Patent Secrecy on Award Date Exception MPEP 2126.01 Document Must Be Publicly Available to Serve as Prior Art MPEP 2126 Required Foreign Country Patents Not Determinative for Rejection MPEP 2126 Prohibited Foreign Country Designation of a Document as a ‘Patent’ Is Not Determinative for Rejection Under AIA 35 U.S.C. 102(a) MPEP 2126 Permitted 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? What is the exception to the general rule for foreign patent reference dates? How does the In re Ekenstam case affect the availability of secret patents as references? How do...