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(Message started by: huskerdooo on Jan 4th, 2008, 5:20pm)

Title: 35 USC 102e
Post by huskerdooo on Jan 4th, 2008, 5:20pm
Hi all,

I'm having an issue grasping 102e.  I can't seem to memorize it like the other sections.  Does anyone have anything that spells it out that clearly?  Or is it just a metter of looking for a US type filing before the DOI and then using the flow chart?


Title: Re: 35 USC 102e
Post by barcrazy on Jan 4th, 2008, 7:48pm
i'm on same boat as you - 102 generally not hard to grasp but can't just seem to really pin down 102e even after reading the mpep section, and a couple of commercial prep outlines on it.  The easy part of it is obviously that under 102e a US patent can be used as prior art as of it's FILING date; then it gets confusing for me too...

Title: Re: 35 USC 102e
Post by biopico on Jan 4th, 2008, 9:30pm

What can be prior art under 102(e):  US patents, US patent application publications, or WIPO publications of international applications

When mostly used: When the publication or issue date is too recent for the reference to be applied under  35 U.S.C. 102(a) or (b).

35 U.S.C. 102(e), in part, allows for certain prior art (i.e., U.S. patents, U.S. patent application publications and WIPO publications of international applications) to be applied against the claims as of its effective U.S. filing date.

Understanding of when is the EFFECTIVE US FILING DATE IS THE KEY.

Title: Re: 35 USC 102e
Post by barcrazy on Jan 4th, 2008, 11:12pm
biopico, thanks!  helpful clarity, but it appears most of the issues/questions dealing with 102e have to do with inventor/applicant/assignee issues, no?  at least that's where my confusion lies - when they they throw in something about "same inventor" or "same assignee" and add the issue of when ownership/assignment was in effect (ie. common ownership at time of invention, or came into ownership through assignment later).  

if anyone has a clear understanding, as asked before - "in plain english", how the ownership/assignment plays into 102e dates, please share...

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