Comments on: Q) 102(b) dates (4.00.41p) http://mypatentbar.com/2008/08/25/q-102b-dates-40041p/ Patent Bar Review and Study Guide Tue, 07 Feb 2012 03:15:12 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Mambo5 http://mypatentbar.com/2008/08/25/q-102b-dates-40041p/#comment-29644 Mambo5 Sun, 22 Jan 2012 12:54:30 +0000 http://patentbar.wordpress.com/?p=707#comment-29644 I think 102(b) is out because there was no "printed publication or patent" more than one year before the US application. The initial French app is not a publication. Applications generally get published 18 months after filing, but here the French app was allowed and issued as a French patent before 18 months. And the date of that French patent was less than one year before the US application, so it does not fall under 102(b) either. I think 102(b) is out because there was no “printed publication or patent” more than one year before the US application.

The initial French app is not a publication. Applications generally get published 18 months after filing, but here the French app was allowed and issued as a French patent before 18 months. And the date of that French patent was less than one year before the US application, so it does not fall under 102(b) either.

]]> By: Miranda http://mypatentbar.com/2008/08/25/q-102b-dates-40041p/#comment-29597 Miranda Sat, 21 Jan 2012 21:27:32 +0000 http://patentbar.wordpress.com/?p=707#comment-29597 can you elaborate why the answer is not E. both 102b and 102d? Is it because the app ceases to be a publication under 102b once the patent is granted? can you elaborate why the answer is not E. both 102b and 102d? Is it because the app ceases to be a publication under 102b once the patent is granted?

]]> By: E http://mypatentbar.com/2008/08/25/q-102b-dates-40041p/#comment-22734 E Sun, 20 Nov 2011 03:35:33 +0000 http://patentbar.wordpress.com/?p=707#comment-22734 Is the answer E then? Is the answer E then?

]]> By: BigBadVoodoDaddy http://mypatentbar.com/2008/08/25/q-102b-dates-40041p/#comment-13291 BigBadVoodoDaddy Tue, 12 Jul 2011 14:19:39 +0000 http://patentbar.wordpress.com/?p=707#comment-13291 Good Q. 102a - this will apply only if it is a different inventive entity. 102d - this is only if it is the same inventive entity 102a and 102d will almost never be applied together, since one talks about the work or another and the other has to be the same person. Good Q.
102a – this will apply only if it is a different inventive entity.
102d – this is only if it is the same inventive entity

102a and 102d will almost never be applied together, since one talks about the work or another and the other has to be the same person.

]]> By: patenttips http://mypatentbar.com/2008/08/25/q-102b-dates-40041p/#comment-8768 patenttips Mon, 21 Mar 2011 02:16:33 +0000 http://patentbar.wordpress.com/?p=707#comment-8768 haha i made the same mistake too! haha i made the same mistake too!

]]> By: rhm http://mypatentbar.com/2008/08/25/q-102b-dates-40041p/#comment-3531 rhm Fri, 13 Aug 2010 19:00:08 +0000 http://patentbar.wordpress.com/?p=707#comment-3531 no, exact --same-- mistake. no, exact –same– mistake.

]]> By: rhm http://mypatentbar.com/2008/08/25/q-102b-dates-40041p/#comment-3530 rhm Fri, 13 Aug 2010 18:58:54 +0000 http://patentbar.wordpress.com/?p=707#comment-3530 haha, yeah i made that exact came mistake. haha, yeah i made that exact came mistake.

]]> By: AR http://mypatentbar.com/2008/08/25/q-102b-dates-40041p/#comment-2684 AR Sun, 20 Jun 2010 23:24:25 +0000 http://patentbar.wordpress.com/?p=707#comment-2684 Nevermind. March and May are blurring together. Not a good sign for when I take this test! Sorry Nevermind. March and May are blurring together. Not a good sign for when I take this test! Sorry

]]> By: AR http://mypatentbar.com/2008/08/25/q-102b-dates-40041p/#comment-2683 AR Sun, 20 Jun 2010 23:17:51 +0000 http://patentbar.wordpress.com/?p=707#comment-2683 Why is answer B constitute prior art under 102(b)? The foreign patent is not "published MORE than one year prior," it is published just one year prior (not more than). Does the PTO consider "more than" to fall on the same date one year later? Just started studying, sorry if this is a stupid question! Thanks for any help Why is answer B constitute prior art under 102(b)?
The foreign patent is not “published MORE than one year prior,” it is published just one year prior (not more than). Does the PTO consider “more than” to fall on the same date one year later?

Just started studying, sorry if this is a stupid question!
Thanks for any help

]]> By: S http://mypatentbar.com/2008/08/25/q-102b-dates-40041p/#comment-1574 S Mon, 29 Mar 2010 15:14:53 +0000 http://patentbar.wordpress.com/?p=707#comment-1574 I hate to admit this. But I think I get more out of this site than the $XXXX PLI course, I wasted on Ebay. I know I can find an answer in minutes on this site. I can see why (A) is the answer for this. I hate to admit this. But I think I get more out of this site than the $XXXX PLI course, I wasted on Ebay.

I know I can find an answer in minutes on this site.

I can see why (A) is the answer for this.

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