17. Which of the following statements is true?
(A) In the context of 35 USC 102(b), a magazine need only be placed in the mail to be effective as a printed publication.
(B) The earliest date declassified printed material may be taken as prima facie evidence of prior knowledge under 35 USC 102(a) is as of the date the material is cataloged and placed on the shelf of a public library.
(C) Declassified printed material is effective as a printed publication under 35 USC 102(b) as of the date of its release following declassification.
(D) The American Inventors Protection Act (AIPA) amended 35 USC 102(e) to provide that U.S. patents, U.S. application publications, and certain international application publications can be used as prior art under 35 USC 102(e) based on their earliest effective filing date only against applications filed on or after November 29, 2000.
(E) The American Inventors Protection Act (AIPA) amended 35 USC 102(e) to provide that U.S. patents, U.S. application publications, and certain international application publications can be used as prior art under 35 USC 102(e) based on their earliest effective filing date only against applications filed prior to November 29, 2000 which have been voluntarily published.
17. ANSWER: (C) is correct. MPEP § 707.05(f) states, “In the use of [declassified material] …
as an anticipatory publication, the date of release following declassification is the effective date
of publication within the meaning of the statute.” (A) is wrong. MPEP § 706.02(a) states, “A
magazine is effective as a printed publication under 35 U.S.C. § 102(b) as of the date it reached
the addressee and not the date it was placed in the mail.” (B) is wrong. MPEP § 707.05(f)
states, “For the purpose of anticipation predicated upon prior knowledge under 35 U.S.C.
§102(a) the above noted declassified material may be taken as prima facie evidence of such prior
knowledge as of its printing date even though such material was classified at that time.” (D) and
(E) are wrong. The AIPA amended 35 U.S.C. § 102(e) to provide that U.S. patents, U.S.
application publications, and certain international application publications can be used as prior
art under 35 U.S.C. § 102(e) based on their earliest effective filing date against applications filed
on or after November 29, 2000, and applications filed prior to November 29, 2000 which have
been voluntarily published. MPEP § 706.02(a).
I am sorry, but I don’t see anything about “voluntary publishing” before 11/29/00 anywhere in there. (aka, I do not like this question.)
agreed
The law has changed since this was written. (D) and (E) don’t make sense anymore under the new law. It’s much simpler now (I think), thankfully.
Scott – you are right…ignore D and E
I believe under 102(b) the prior art date is the date the declassified material is published, but under 102(a) for the purposes of anticipation it is the date of the actual filing of the declassified material.
declassiefed material can be used under 102(a)
as evidence of “known by others” as of its printing date
or as “publication” of its release date
classifed material and “filing” have no connection unless you are talking about patent app under secrecy. Then it is 102(e) not 102(a) anymore.