Pre-AIA 102(a)
ANSWER
"before the date of the invention by another:
- invention was known/used in USA
- patented anywhere
- published anywhere"
Pre-AIA 102(b)
ANSWER
"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 pa-
tenting; sale of rights is not a sale under 102"
Pre-AIA 102(c)
ANSWER
inventor abandoned the invention (abandonment must be intentional)
Pre-AIA 102(d)
ANSWER
"Bars patentability of ALL has occurred:
(1) same applicant/assignee filed application for same invention in foreign country
1
,(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)
ANSWER
"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)
ANSWER
Bars patenting subject matter which applicant did not invent
Pre-AIA 102(g)
ANSWER
"(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
ANSWER
2
, Foreign Priority - can ask for foreign filing date if less than 12 mo has passed since foreign fil-
ing
35 USC 120
ANSWER
"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
ANSWER
"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)
ANSWER
defines the scope of prior art
AIA 102(a)(1)
ANSWER
"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)
3
ANSWER
"before the date of the invention by another:
- invention was known/used in USA
- patented anywhere
- published anywhere"
Pre-AIA 102(b)
ANSWER
"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 pa-
tenting; sale of rights is not a sale under 102"
Pre-AIA 102(c)
ANSWER
inventor abandoned the invention (abandonment must be intentional)
Pre-AIA 102(d)
ANSWER
"Bars patentability of ALL has occurred:
(1) same applicant/assignee filed application for same invention in foreign country
1
,(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)
ANSWER
"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)
ANSWER
Bars patenting subject matter which applicant did not invent
Pre-AIA 102(g)
ANSWER
"(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
ANSWER
2
, Foreign Priority - can ask for foreign filing date if less than 12 mo has passed since foreign fil-
ing
35 USC 120
ANSWER
"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
ANSWER
"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)
ANSWER
defines the scope of prior art
AIA 102(a)(1)
ANSWER
"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)
3
