Comments on: 35 USC 102(a) http://mypatentbar.com/2007/11/27/35-usc-102a/ Patent Bar Review and Study Guide Fri, 03 Sep 2010 02:34:16 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Marc Avila http://mypatentbar.com/2007/11/27/35-usc-102a/#comment-2312 Marc Avila Fri, 14 May 2010 16:28:29 +0000 http://mypatentbar.com/2007/11/27/35-usc-102a/#comment-2312 By "Rule 31" in the "Overcoming a 102(a) Rejection" section, do you mean Rule § 1.131 Affidavit or declaration of prior invention? By “Rule 31″ in the “Overcoming a 102(a) Rejection” section, do you mean Rule § 1.131 Affidavit or declaration of prior invention?

]]> By: DrKye http://mypatentbar.com/2007/11/27/35-usc-102a/#comment-1155 DrKye Tue, 12 Jan 2010 05:04:09 +0000 http://mypatentbar.com/2007/11/27/35-usc-102a/#comment-1155 Yes, you are correct. However, if you are planning to seek protection of your invention outside of the US, this is not the best plan of action since most countries have an absolute novelty requirement when filing for a patent. Thus, if your invention has been publicly disclosed in the US, you have forfeited your right to a patent in most other countries (except Australia and, I believe, Canada). Yes, you are correct. However, if you are planning to seek protection of your invention outside of the US, this is not the best plan of action since most countries have an absolute novelty requirement when filing for a patent. Thus, if your invention has been publicly disclosed in the US, you have forfeited your right to a patent in most other countries (except Australia and, I believe, Canada).

]]> By: 102(a) http://mypatentbar.com/2007/11/27/35-usc-102a/#comment-1154 102(a) Wed, 06 Jan 2010 03:49:04 +0000 http://mypatentbar.com/2007/11/27/35-usc-102a/#comment-1154 I presume that it is not barred under 102(a) for an inventor to publish his invention before the filing date of the patent application. The statute says invention must not patented or described in a printed publication in this or a foreign country, BEFORE the invention thereof by the applicant for patent. So if the applicant describes his invention AFTER the invention thereof, it would be all right. Right? I presume that it is not barred under 102(a) for an inventor to publish his invention before the filing date of the patent application.

The statute says invention must not patented or described in a printed publication in this or a foreign country, BEFORE the invention thereof by the applicant for patent. So if the applicant describes his invention AFTER the invention thereof, it would be all right. Right?

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