35 USC 102(c) "Abandonment"

November 27, 2007

35 USC 102(c) – inventor intended to abandon invention. Inventor must intend to dedicate his invention to the public (a delay in the application process is not sufficient proof for abandonment).

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35 USC 102(b) "Statutory Bar"

November 27, 2007

35 USC 102(b) – “A person shall be entitled to a patent unless (b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the […]

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35 USC 102(a)

November 27, 2007

35 USC. 102(a) – A person shall be entitled to a patent unless (a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent. Note: 102(a) applies if the invention was […]

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Maintenance Fees (MPEP 2500)

November 27, 2007

Must identify patent number AND patent application number Reminders are sent to FEE address, if any, otherwise to the correspondence address Reinstatement If unintentional, can pay within 24 months after grace period with petition (small entity fee) and showing that entire delay was unintentional; plus surcharge fee (no small entity discount) If unavoidable, can pay […]

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Interferences (MPEP 2300)

November 27, 2007

General Claims must not be identical, but they must have the same subject matter Inter partes proceeding between [2 patent applications] or [1 patent and 1 application] §1.131 cannot be used to “swear behind” a patent claiming the same invention; but it can be used to swear behind a patent disclosing same invention Senior party […]

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Plant Patents (MPEP 1600)

November 27, 2007

Plant patents aren’t test frequently on the Prometric Patent Bar Exam. Know the following highlights: Must be asexually reproduced Bacteria is not a plant Only one claim allowed Two color (if necessary) copies of drawings Claim the plant, not the fruit of the plant No advertising allowed No maintenance fees 1600: Plant Patents: What types […]

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