MPEP Q&A 27: Difference Between AIA 35 USC 102(c) and the CREATE Act - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006

from 2016-08-19T15:33:26

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Question: What are the major differences between AIA 35 U.S.C. 102(c) and the CREATE Act? Answer: The major differences between AIA 35 U.S.C. 102(c) and the CREATE Act are that: the AIA provision is keyed to the effective filing date of the claimed invention, while the CREATE Act focuses on the date that the claimed invention was made; and the CREATE Act provisions only apply to obviousness rejections and not to anticipation rejections. Chapter Details: The answer to this question can be found in chapter 2100 of the MPEP. This chapter covers Patentability. The answer is from the 9th Edition,…


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