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Jim Harlan
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12 month issues
« on: Aug 8th, 2006, 10:25am »
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Is there a part of the patent act that is strict in its interpretation of 12 months (or 1 year) without factoring holidays, weekends, etc.?
 
I know that provisionals take h/w into account (MPEP 201.4(b)), as does 102(b) (MPEP 2133).
 
I think the answer is 102(a), MPEP 2132, as it deals with prior 1 year printed publications.
 
Are there any more?  Am I correct?
 
Thx, Jim.
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Isaac
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Re: 12 month issues
« Reply #1 on: Aug 8th, 2006, 11:42am »
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12 months has no direct relevance to 102(a).   References that are published more than one year before filing are going to be cited under 102(b) rather than 102(a), but they may still be prior art under 102(a) depending on the actual date of invention.
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Isaac
harlan
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Re: 12 month issues
« Reply #2 on: Aug 28th, 2006, 8:30am »
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While I agree that 12 month has no direct applicability to 102(a), "1 year" does.  See MPEP 2132.01.
 
Which returns me to the original question, stated a different way:  Does 102(a)'s 1 year requirement have the same weekend/holiday exception as 102(b) & provisionals?
 
I still think the answer is no, that the 102(a) is strict in 1 year, but I would like confirmation.
 
Best, Harlan.
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Isaac
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Re: 12 month issues
« Reply #3 on: Aug 28th, 2006, 8:47am »
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Here is the entire text of 35 USC 102(a)
 
A person shall be entitled to a patent unless -
 
(a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent, or
 
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There is no portion of 102(a) for which 1 year or 12 months is relevant.  References can be cited under 35 USC 102(a) whether they are centuries years old or whether they were published only 1 day before date of invention by the applicant.  
 
You may find a portion of the MPEP that makes the point that you cannot swear behind a reference that was published more than 1 year before the applicant's filing date, but the reason is because the reference can be used under 102(b) and thus cannot be sworn behind and not because of some failing in 102(a).
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Isaac
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