MPEP Q&A 56: Four Conditions That Establish a Statutory Bar Under Pre-AIA 35 U.S.C. 102(d) - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006
from 2016-11-29T14:52:54
Question: Name the four conditions which, if all are present, establish a statutory bar under pre-AIA 35 U.S.C. 102(d). Answer: Pre-AIA 35 U.S.C. 102(d) establishes four conditions which, if all are present, establish a statutory bar against the granting of a patent in this country: (A) The foreign application must be filed more than 12 months before the effective filing date of the United States application. (B) The foreign and United States applications must be filed by the same applicant, his or her legal representatives or assigns. (C) The foreign application must have actually issued as a patent or inventor’s…
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