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[rahulvartak]

Hi,

I am looking at the interpretation of 102(d).
Does the statutory bar apply to (only foreign Issued) patents or does it also apply to foreign applications filed more than 12 months before the US filing.

Whether only a foreign patent application by itself without being issued can result in loss of right to patent if the foreign application has been filed more than 12 months before the filing of the US application.

can anyone define the term"caused to be patented" in 35 USC 102(d).?

Best regards,
Rahul Vartak

[biopico]

If I am not mistaken, I believe that the section 102(d) is concerned with the applicant's foreign PATENT.

[Rahul Vartak]

Hi bippico,

Thanks

I guess it should a foreign PATENT  AND NOT A foreign application. However , I am not so sure whether there are any other views on it.

Best regards,
Rahul Vartak

[Rahul Vartak]

Hi biopico,

Thanks

I guess it should a foreign PATENT  AND NOT A foreign application. However , I am not so sure whether there are any other views on it.

Best regards,
Rahul Vartak

[Bill Richards]

There are two requirements.  First, it must be an issued foreign patent.  Second, the foreign application must have been filed more than 12 months before the U.S. filing date.  The conditions are conjunctive.
File foreign 1-1-05; foreign issues 6-1-05; file U.S. 7-1-05.  OK
File foreign 1-1-05; file U.S. 2-1-06; foreign issues 6-1-06.  OK
File foreign 1-1-05; foreign issues 12-31-05; file U.S. 2-1-06.  Out of luck!

[rahulvartak]

Thanks Bill,

I guess, your explanation answers all my questions and removes all ambuiguity.

Best regards,
Rahul Vartak

[rahulvartak]

Thanks Bill,

your explanation removes all doubt .

Best regards,
Rahul Vartak