706.02(g) Rejections Under Pre-AIA 35 U.S.C. 102(f)
This MPEP section is not applicable to applications subject to examination under the first inventor to file provisions of the AIA.
MPEP SECTION SUMMARY
This section covers rejections under pre-AIA 35 U.S.C. 102(f) which bars the issuance of a patent where an applicant did not invent the subject matter being claimed and sought to be patented. The examiner must presume the applicants are the proper inventors unless there is proof that another made the invention and that applicant derived the invention from the true inventor.
Pre-AIA 35 U.S.C. 102(f) bars the issuance of a patent where an applicant did not invent the subject matter being claimed and sought to be patented.
706.02(h) Rejections Under pre-AIA 35 U.S.C. 102(g)
This MPEP section is not applicable to applications subject to examination under the first inventor to file provisions of the AIA except in limited circumstances.
MPEP SECTION SUMMARY
This section covers rejections under pre-AIA 35 U.S.C. 102(g) which bars the issuance of a patent where another made the invention in the United States before applicant and had not abandoned, suppressed, or concealed it. This section of pre-AIA 35 U.S.C. 102 forms a basis for interference practice.
This MPEP section is not applicable to applications subject to examination under the first inventor to file provisions of the AIA.
