Go to MPEP - Table of Contents
2126.01 Date of Availability of a Patent as a Reference [R-2] - 2100 Patentability
2126.01 Date of Availability of a Patent as a Reference [R-2]
DATE FOREIGN PATENT IS EFFECTIVE AS A REFERENCE IS USUALLY THE DATE PATENT RIGHTS ARE FORMALLY AWARDED TO ITS APPLICANT
The date the patent is available as a reference is generally the date that the patent becomes enforceable. This date is the date the sovereign formally bestows patents rights to the applicant. In re Monks, 588 F.2d 308, 200 USPQ 129 (CCPA 1978). There is an exception to this rule when the patent is secret as of the date the rights are awarded. In re Ekenstam, 256 F.2d 321, 118 USPQ 349 (CCPA 1958).
Note that MPEP § 901.05 summarizes in tabular form dates of patenting for many foreign patents. Chisum, Patents § 3.06[4] n.2 gives a good summary of decisions which specify reference availability dates for specific classes of foreign patents. A copy of Chisum is kept in the law library of the Solicitor's Office and in the Lutrelle F. Parker, Sr., Memorial Law Library located in *>Crystal Plaza 3/4-3D62<.
Go to MPEP - Table of Contents