What is the significance of the publication date for a U.S. patent document in prior art rejections?
The publication date of a U.S. patent document is crucial for determining its eligibility as prior art in patent rejections. According to MPEP 2126:
“The date that the patent is made available to the public is the date it is available as a 35 U.S.C. 102(a) or pre-AIA 35 U.S.C. 102(a) and (b) reference.”
This means that the publication date, rather than the filing date or issue date, determines when a patent document becomes available as prior art. For rejections under 35 U.S.C. 102(a) or pre-AIA 35 U.S.C. 102(a) and (b), the critical date is when the document becomes publicly accessible.
To learn more:
Topics:
(B),
And (D),
MPEP 2100 - Patentability,
MPEP 2126 - Availability Of A Document As A "Patent" For Purposes Of Rejection Under 35 U.S.C. 102(A) Or Pre - Aia 35 U.S.C. 102(A),
Patent Law,
Patent Procedure