Issue 38 | November 8, 2002
USPTO Releases New Patent Examination Guidelines
 The U.S. Patent and Trademark Office has released new Examination Guidelines for the recent amendments to 35 U.S.C. Ё 102(e) and 374.

In summary, the new �2(e) is similar to the pre-AIPA �2(e), with two significant differences:
  1. certain publications of U.S. and international applications may now be applied as of their filing dates in a prior art rejection; and
  2. certain international filing dates are now U.S. filing dates for prior art purposes under � 102(e).
The revised statutory provisions supercede all previous versions of Ё 102(e) and 374, with only one exception, which is when the potential reference is based on an international application filed prior to November 29, 2000.

To discuss this topic further, please contact the author, Bill Heinze, at Thomas, Kayden, Horstemeyer & Risley. The information contained in this email is provided for informational purposes only and does not represent legal advice. Neither the APLF nor the author intends to create an attorney client relationship by providing this information to you through this message.


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