Examiners citing provisional patent applications as prior art

November 23, 2004 on 8:59 am | In Uncategorized |

One additional benefit/drawback of the Image File Wrapper system (which allows the public access to the file wrappers of pending patent applications) is §102(e) rejections based on published provisional patent applications.  Of course, for there to be a "published provisional patent application" a non-provisional patent application must have been filed claiming priority from the provisional…

Which brings me to today’s USPTO Notice:  Most Publicly Available Provisional Applications Can Now be Viewed Over the Internet

Any applicant wishing to view and/or print a copy of a provisional application relied upon by an examiner to give prior art effect under 35 U.S.C. 102(e) to a reference applied in a rejection, may do so using the Public PAIR website at http://portal.uspto.gov/external/portal/pair.

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Related Posts:

• Provisional Patent Application FAQ
• Provisional Patents?
• May 2004 POPA Newsletter