What qualifies as prior art 102?
The documents upon which a prior art rejection under 35 U.S.C. 102(a)(1) may be based are an issued patent, a published application, and a non-patent printed publication.
What is 35 USC 112b?
112(b) or pre-AIA 35 U.S.C. 112, second paragraph requires that a patent application specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
When did AIA 102 go into effect?
March 16, 2013
102 and 103 took effect on March 16, 2013. These new provisions apply to any patent application that contains or contained at any time: (1) a claim to a claimed invention that has an effective filing date as defined in 35 U.S.C.
What are printed publications?
Print Publication means any magazine, guide, directory, insert or (and including any supplement for which no charge is made to its recipient and which is published whether regularly or occasionally as part of or in association with such magazine) published by Newsco Insider; Sample 1.
What constitutes prior art under pre-AIA?
We say “true” prior art because, under the pre-AIA first-to-invent system, prior art was theoretically considered to be the art existing prior to the applicant’s invention date, not prior to the applicant’s filing date (which, with exceptions, is the approach of the AIA).
What is a 103 rejection?
A rejection based on 35 USC §103 is used when the claimed invention is not identically disclosed or described so the reference teachings must somehow be modified in order to meet the claims.
What is a 101 rejection?
If your application has received a Section 101 rejection (sometimes referred to as a “subject matter eligibility” or “Alice” rejection), that means the examiner believes that your claims relate to a type of invention that is ineligible for patent protection.
What is the AIA effective date?
The America Invents Act (AIA) became law on September 16, 2011, making sweeping changes to the U.S. patent system. The most significant changes were implemented over a period of 18 months.
What patents does AIA apply to?
AIA 35 U.S.C. 102 and 103 apply to any patent application that contains or contained at any time a claim to a claimed invention that has an effective filing date that is on or after March 16, 2013.