Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[huskerdooo]

Anyone know why a 102(a) event is not included under 103(c)? (excluding known or used by others)

If the reference is the applicant's work, then why can a 102(a) apply but not a 102(e)?

I guess it might be because 102(e) is limited to patents, but technically 102(a) can be applied to US patents and their PG-pubs.

Any ideas?

[sandyboss007]

If the reference is the applicant's work, then 102(a) doesn't apply

[huskerdooo]

Technically a 102e event can not be the applican't own work, no?

[sandyboss007]

That’s correct!
May be I misunderstood your question. I think examiner using 102e reference as filing date won’t use the same reference for 102a rejection based on its publication date.  Technically if 102e reference is removed using 103c; it won’t be available as 102a either. Reference is used as 102a only if its not available as 102e.  Correct me if I am wrong.

[mk1023]

Technically a 102e event can not be the applican't own work, no?

That's true if by applicant you mean inventive entity. You can do a 102(e) rejection using a commonly assigned PGPUB/patent if the inventive entities are different.