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Pre-AIA 102(a) correct answers "before the date of the invention by another: - invention was known/used in USA - patented anywhere - published anywhere" Pre-AIA 102(b) correct answers "More than 1 year prior to filing: - printed patent or publication anywhere - public use --> experiment...

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  • September 3, 2024
  • 11
  • 2024/2025
  • Exam (elaborations)
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Patent Bar || with 100% Accurate Solutions.
Pre-AIA 102(a) correct answers "before the date of the invention by another:
- invention was known/used in USA
- patented anywhere
- published anywhere"

Pre-AIA 102(b) correct answers "More than 1 year prior to filing:
- printed patent or publication anywhere
- public use --> experimental exception if necessary to perfect invention, market research is not
experimentation
- sale / offer for sale in USA --> sale/offer was no experimental, and invention is ready for
patenting; sale of rights is not a sale under 102"

Pre-AIA 102(c) correct answers inventor abandoned the invention (abandonment must be
intentional)

Pre-AIA 102(d) correct answers "Bars patentability of ALL has occurred:
(1) same applicant/assignee filed application for same invention in foreign country
(2) application in foreign country filed >12 mo before US Appl is filed (6 mo. for design appl)
(3) Foreign patent issued before US Appl was filed --> foreign patent need not have been
published"

Pre-AIA 102(e) correct answers "Domestic:
102(e) date is earliest effective filing date
- publishes 18 mo after filing but 102€ date is the filing date
PCT:
- filed on/after 11/29/00 --> 102(e) date after designates US & publishes in english
-filed before 11/29/00 --> 102(e) date ater fee, oath & translation arrive at USPTO
Foreign:
- NEVER recieves a 102(e) date"

Pre-AIA 102(f) correct answers Bars patenting subject matter which applicant did not invent

Pre-AIA 102(g) correct answers "(1) Prior ivention must have been made in US (NAFTA or
WTO counts)
(2) Prior invention must not have been abandoned, suppressed, or concealed
(3) Partial exception for common ownership"

35 USC 119 correct answers Foreign Priority - can ask for foreign filing date if less than 12 mo
has passed since foreign filing

35 USC 120 correct answers "Provisional Priority - can ask for provisional filing date if less than
12 mo has passed since provisional filing
--> no provisionals for design applications"

, 1.131 Affadavit correct answers "Gives date of conception prior to filing
-gets behind Pre-AIA 102(a), 102(e) and 102(g) art
-before 12/7/93 --> no coneption outside USA
-on/after 12/8/93 --> conception in FAFTA country (conception occurs on 12/8/93 or later)
-on/after 1/1/96 --> conception in WTO country"

AIA 102(a) correct answers defines the scope of prior art

AIA 102(a)(1) correct answers "Before the effective filing date:
- patented anywhere (issue date, does not need to be published)
- described in printed publication anywhere
- in public use / on sale (must be publicly informing)
- otherwise available to public (ie, thesis, talks, posters)
no requirement of by others --> inventor can make his own 102(a)(1) art"

AIA 102(a)(2) correct answers "Before the effective filing date:
(1) WIPO Published Applications
- must designate US
-does not need to publish in english
- PCT does not need to enter national stage
(2) Filing date includes foreign priority date if it results in a US Application & issued patent
* must name another inventor --> even if only 1 different"

AIA 102(b) correct answers Defines exceptions to prior art

AIA 102(b)(1) correct answers "Exceptions to 102(a)(1) art
- Disclosures made less than 1 year before filing date:
(a) limited to inventors own work
- grace period for inventor to file;
- can be inventor or 3rd party disclosure of inventors work
(b) disclosures of inventors work predates 3rd party disclosure
- your disclsoure must still be within 1 year under 102(b)(1)(a)
- your disclsoure must be ""more complete"" --> anything additional by 3rd party is prior art"

AIA 102(b)(2) correct answers "Exceptions to 102(a)(2) art --> regards disclsoures in
applications and patents
(a) subject matter disclosed obtained by joint inventor: limits use of inventors own work as prior
art when disclosed in US patentts, WIPO appl or US PGPub
(b) Disqualifies subject matter filed by another if:
- subjet matter was already disclosed by inventor
- inventor disclsoure was < 1 year before filing own application
(c) subject matter disclosed and claimed invention were commonly owned
- for unplished patents
- not a 102(a)(1) exemption --> if published app >1 yr it is prior art under 102(a)(1)"

AIA 102(c) correct answers "Defines common ownership

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