The § 102(b) Foreign Filing Catch

Law360, New York (January 8, 2009, 12:00 AM EST) -- Patentees who intend to rely on a foreign filing for a priority date in the United States should beware — when it comes to 35 U.S.C. § 102(b) ( “§ 102(b)”), patentees can only rely on a date of filing in the United States.

In U.S. patent law, a foreign priority date is generally as good as a United States filing date. However, § 102(b) is a clear exception. The § 102(b) catch means that a delay in filing in the United States can turn a...
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