What is a 102 E reference?
102(e) date of a reference that did not result from, nor claimed the benefit of, an international application is its earliest effective U.S. filing date, taking into consideration any proper benefit claims to prior U.S. applications under 35 U.S.C. 119(e) or 120.
What is 102e prior art?
§ 102(e). Pre-AIA § 102(e) prohibits an applicant from receiving a patent if the invention was described in a third party’s published patent application or granted patent that was filed before the applicant’s date of invention.
What is a 103 patent 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 112 patent rejection?
A Section 112 rejection in a patent Office Action means that the examiner considers certain claim language indefinite. The good news is that, in most cases, indefiniteness under Section 112 may be resolved by a fairly simple response correcting whatever objections raised by the examiner.
Can a provisional patent be prior art?
While provisional patent applications are never published and cannot become prior art, recent decisions from the U.S. Court of Appeals for the Federal Circuit illustrate that parties can nonetheless make effective use of provisional applications when raising invalidity challenges.
What is a 371 date?
Sometimes we just call this the priority date. This is sometimes referred to as a first filing date. In the official filing receipt, the US Patent Office (USPTO) refers to the original filing date as the 371(c) date. If you only have one application, the filing date is the same date as the priority date.
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.