Week of November 6, 2017

Which of the following is true with respect to AIA 35 U.S.C. 102(b)(2)(A) and (B) relating to U.S. patent documents that were not issued or published more than one year before the effective filing date of the claimed invention?

(A) The disclosure shall not be prior art to a claimed invention if the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor.
(B) A disclosure shall not be prior art to a claimed invention if the subject matter had, before such subject matter was effectively filed, been publicly disclosed by the inventor or a joint inventor or another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor.
(C) Only (A) is true.
(D) Only (B) is true.
(E) Both (A) and (B) are true.

 

 

ANSWER: (E). See MPEP 2151, paragraph 8.

 

Questions prepared by David E. Meeks, Esq. © 2017 Institute for Patent Studies, Inc. All rights reserved.