Provisional applications and 35 U.S.C. 102(e) in view of Milburn, Hilmer and Wertheim

Article Abstract:

The US Patent and Trademark Office is currently of the belief that the effective date for priority purposes of a patent application when both a provisional patent application under 35 U.S.C. 111(b) and an application of patent has been filed under 35 U.S.C. 111(a) is the earlier 111(b) date. Review of recent case law reveals some uncertainty on the issue, and revisions to the patent laws have not addressed this issue. The statute on the subject, 35 U.S.C. 102(e), is open to interpretation because it does not define what is meant by the filing date.

Cases, Prior art (Patent law)

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Promulgating requirements for admission to prosecute patent applications

Article Abstract:

The requirements listed in the bulletin mailed by the Patent and Trademark Office to attorneys who wish to prosecute a patent application are not consistent with the Administrative Procedures Act. As such, they should not be considered binding until they have been promulgated. Statements before the court in patent cases should be judged on their individual merit until legal recourse for admissions restrictions is developed.

Powers and duties, United States. Patent and Trademark Office

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Critique of the new rule 1.99: third-party information disclosure procedure for published pre-grant applications

Article Abstract:

Issues regarding Rule 1.99, implementing the American Inventors Protection Act of 1999 are discussed. This rule regards public submission of information relevant to pre-grant publication. Further provisions the Patent and Trademark Office needs to add to this rule are discussed.

United States, Third parties (Law)

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