Comments on: 35 USC 102(e) http://mypatentbar.com/2007/11/27/35-usc-102e/ Patent Bar Review and Study Guide Tue, 07 Feb 2012 03:15:12 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Miranda http://mypatentbar.com/2007/11/27/35-usc-102e/#comment-30331 Miranda Tue, 31 Jan 2012 22:46:47 +0000 http://mypatentbar.com/2007/11/27/35-usc-102e/#comment-30331 thank you! mixed up date of application with date of publication! thank you! mixed up date of application with date of publication!

]]> By: justpassed http://mypatentbar.com/2007/11/27/35-usc-102e/#comment-30328 justpassed Tue, 31 Jan 2012 21:21:13 +0000 http://mypatentbar.com/2007/11/27/35-usc-102e/#comment-30328 The reason why you can't rely on the belgium filing for priority is because of the date that it was filed. In 1992 Belgium was not available as a WTO member. A date of completion of the invention may not be established under 37 CFR 1.131 before December 8, 1993 in a NAFTA country or before January 1, 1996 in a WTO country other than a NAFTA country. Therefore, since you can't rely on the belgium filing for priority the filing date of Patent Y is 102e prior art. Remember that 102(a) relates to date of publication (also public knowledge in US, etc.) and not date of filing. Hope this helps! The reason why you can’t rely on the belgium filing for priority is because of the date that it was filed. In 1992 Belgium was not available as a WTO member. A date of completion of the invention may not be established under 37 CFR 1.131 before December 8, 1993 in a NAFTA country or before January 1, 1996 in a WTO country other than a NAFTA country. Therefore, since you can’t rely on the belgium filing for priority the filing date of Patent Y is 102e prior art.

Remember that 102(a) relates to date of publication (also public knowledge in US, etc.) and not date of filing.

Hope this helps!

]]> By: Miranda http://mypatentbar.com/2007/11/27/35-usc-102e/#comment-30320 Miranda Tue, 31 Jan 2012 19:41:29 +0000 http://mypatentbar.com/2007/11/27/35-usc-102e/#comment-30320 help me understand this PLI hypo: X RTP invention A in Belgium on June 25, 1992 and later filed a US application on January 14, 1994. Claims of Invention A were rejected as being anticipated by the disclosure in a US patent to Y. Y' patent issued on August 16, 1994 and is based on a patent application filed on June 26, 1992. Under which of the following 102 sections would X NOT be entitled to a US patent? I don't understand why the answer is 102e. is it because the Date of Invention cannot be relied due to the activities being in Belgium? If so, why wouldn't 102a work as well? help me understand this PLI hypo:
X RTP invention A in Belgium on June 25, 1992 and later filed a US application on January 14, 1994. Claims of Invention A were rejected as being anticipated by the disclosure in a US patent to Y. Y’ patent issued on August 16, 1994 and is based on a patent application filed on June 26, 1992. Under which of the following 102 sections would X NOT be entitled to a US patent?

I don’t understand why the answer is 102e. is it because the Date of Invention cannot be relied due to the activities being in Belgium? If so, why wouldn’t 102a work as well?

]]> By: SK http://mypatentbar.com/2007/11/27/35-usc-102e/#comment-24200 SK Tue, 06 Dec 2011 15:25:27 +0000 http://mypatentbar.com/2007/11/27/35-usc-102e/#comment-24200 I thought it is prior to your date of invention and not the filing date of application. Is that correct? I thought it is prior to your date of invention and not the filing date of application. Is that correct?

]]> By: littleyellowduck http://mypatentbar.com/2007/11/27/35-usc-102e/#comment-12564 littleyellowduck Mon, 27 Jun 2011 20:10:49 +0000 http://mypatentbar.com/2007/11/27/35-usc-102e/#comment-12564 Mary conceived an invention on 2.27.1993 and RTP on 8.20.1993. She filed a provisional application on the invention on 3.14.95 and a utility application on 3.13.96 which claimed the priority right of the provisional application. The invention was disclosed, but not claimed in a U. S. patent to Wilson which was filed on 5.13.95, issued 6.14.97, which is a proper continuation of an application filed in the US on 7.5.1992. Which paragraph, if any, of 35 USC 102 applies? The answer is 102 e. My question is "does 102 a or b also apply?" Mary conceived an invention on 2.27.1993 and RTP on 8.20.1993. She filed a provisional application on the invention on 3.14.95 and a utility application on 3.13.96 which claimed the priority right of the provisional application. The invention was disclosed, but not claimed in a U. S. patent to Wilson which was filed on 5.13.95, issued 6.14.97, which is a proper continuation of an application filed in the US on 7.5.1992. Which paragraph, if any, of 35 USC 102 applies?

The answer is 102 e. My question is “does 102 a or b also apply?”

]]> By: LM http://mypatentbar.com/2007/11/27/35-usc-102e/#comment-8725 LM Sat, 19 Mar 2011 07:45:26 +0000 http://mypatentbar.com/2007/11/27/35-usc-102e/#comment-8725 It is more with effective filing date Any pending applicaiton of ANOTHER becomes a Patent or Publicaiton of it AFTER filing of YOUR application Filing date of earlier applicaiton of ANOTHER becomes a bar for your application under 102(e) = can be any date - must be priot to your filing date application It is more with effective filing date

Any pending applicaiton of ANOTHER becomes a Patent or Publicaiton of it

AFTER filing of YOUR application

Filing date of earlier applicaiton of ANOTHER becomes a bar for your application under 102(e) = can be any date – must be priot to your filing date application

]]> By: LM http://mypatentbar.com/2007/11/27/35-usc-102e/#comment-8722 LM Sat, 19 Mar 2011 07:09:25 +0000 http://mypatentbar.com/2007/11/27/35-usc-102e/#comment-8722 Key to remember: 1. Publication of application / Grant of Patent in the US 2. Of ANOTHER 3. BEFORE your own invetion Key to remember:

1. Publication of application / Grant of Patent in the US

2. Of ANOTHER

3. BEFORE your own invetion

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