Page 1 of 2
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`Version 1.0 (Nov. 2002)
`
`FLOWCHARTS FOR 35 U.S.C. § 102(e) DATES:
`
`Apply to all applications and patents, whenever filed
`
`Chart I: For U.S. patent or U.S. patent application publication under
`
`35 U.S.C. §122(b) (includes publications of § 371 applications)
`
`Is the reference a U.S. patent or U.S. application publication of an International Application (IA)?
`(look for “35 U.S.C. § 371” on the reference, which would indicate National Stage was entered)
`
`Yes
`
`No
`
`§ 371
`(National
`Stage)
`
`Was the IA filed on or after Nov. 29, 2000?
`- look at the international filing date
`
`Is there an IA in the continuity chain for which a
`benefit is properly sought via §§ 120 or 365(c)?
`
`Yes
`
`No
`
`For a patent: § 102(e) date is
`the § 371(c)(1), (2) and (4) date
`Form Paragraph 7.12.01
`For a U.S. appl. publication:
`no § 102(e) date
`Reference is prior art as of its
`publication date under § 102(a) or (b)
`Form Paragraph 7.08 or 7.09
`
`Yes
`
`No IA
`involved
`
`No
`
`The reference was filed under § 111(a) and
`only claims benefit to other U.S. applications
`filed under § 111(a) or (b) or does not make
`any benefit claims.
`The § 102(e) date of the reference is the
`earliest U.S. filing date for which a benefit is
`properly sought via §§ 119(e) and/or 120 (do
`not consider foreign priority claims under
`§§ 119(a)-(d)). Form Paragraph 7.12
`
`Was the WIPO
`publication of the
`IA in English and
`did the IA
`designate the
`U.S.?
`Yes
`
`No
`
`For a patent and a
`U.S. application
`publication: § 102(e)
`date is the
`international filing
`date or an earlier
`filing date for which
`a benefit is properly
`sought*
`Form Paragraph 7.12
`
`For a patent and a U.S.
`application publication: no
`§ 102(e) date
`Reference is prior art as of its
`publication or grant date under
`§ 102(a) or (b)
`Form Paragraph 7.08 or 7.09
`
`Benefit claim to
`an IA (§§ 120 or
`365(c))
`
`Was the IA filed on or after Nov. 29, 2000?
`- look at the international filing date
`No
`
`Yes
`
`Was the WIPO publication
`of the IA in English and
`did the IA designate the
`U.S.?
`
`Yes
`
`No
`
`For a patent and an
`application publication:
`§ 102(e) date is the
`international filing
`date or an earlier date
`for which a benefit is
`properly sought*
`Form Paragraph 7.12
`
`For a patent: § 102(e) date is the
`§ 371(c)(1), (2) and (4) date; or § 111(a)
`filing date if the IA never entered national
`stage.
`Form Paragraph 7.12.01
`For a U.S. application publication: §
`102(e) date is the filing date of the U.S.
`application that claimed benefit to the IA
`Form Paragraph 7.12
`
`For a patent and a U.S.
`application publication:
`§ 102(e) date is the filing date
`of the U.S. application that
`claimed benefit to the IA
`Form Paragraph 7.12
`
`* Consider benefit claims properly made under § 119(e) to U.S. provisional applications, § 120 to U.S.
`nonprovisional applications, and § 365(c) involving IAs. Do NOT consider foreign priority claims.
`
`Breckenridge Exhibit 1025
`102(e) date flowchart - Page 001
`
`

`

`Page 2 of 2
`
`Version 1.0 (Nov. 2002)
`
`FLOWCHARTS FOR 35 U.S.C. § 102(e) DATES:
`
`Apply to all applications and patents, whenever filed
`
`Chart II: For WIPO publication of International Applications (IAs)
`
`
`Was the IA filed on or after Nov. 29, 2000?
`- look at the international filing date
`
`Yes
`
`No
`
`Was the WIPO
`publication of the
`IA in English and
`did the IA
`designate the
`U.S.?
`
`Yes
`
`No
`
`no § 102(e) date
`Reference is prior art as of its
`publication date under § 102(a) or
`(b) no matter what the language of
`publication was.
`Form Paragraph 7.08 or 7.09
`
`§ 102(e) date is the
`international filing date
`or an earlier filing date for
`which a benefit is properly
`sought*
`Form Paragraph 7.12
`
`no § 102(e) date
`Reference is prior art as of its
`publication date under
`§ 102(a) or (b) no matter what
`the language of publication
`was.
`Form Paragraph 7.08 or 7.09
`
`* Consider benefit claims properly made under § 119(e) to U.S. provisional applications, § 120 to U.S.
`nonprovisional applications, and § 365(c) involving IAs. Do NOT consider foreign priority claims.
`
`Glossary of Terms:
`U.S. patent application publication = pre-grant publication by the USPTO under 35 U.S.C. § 122(b)
`International application (IA) = an application filed under the Patent Cooperation Treaty (PCT)
`§ 371 application = an IA that has entered the national stage in the U.S. (35 U.S.C. § 371(c)(1), (2) and (4))
`November 29, 2000 = the effective date for the amendments to §§ 102(e) and 374
`WIPO = World Intellectual Property Organization
`WIPO Publication = a publication of an IA under PCT Article 21(2) (e.g., Publication No. WO 99/12345)
`§ 111(a) = provision of the patent code that states the filing requirements for nonprovisional applications
`§ 111(b) = provision of the patent code that states the filing requirements for provisional applications
`§ 119(e) = provision of the patent code that allows for priority claims to provisional applications
`§ 119(a)-(d) = provision of the patent code that allows for priority claims to foreign applications
`§ 120 = provision of the patent code that allows for benefit claims to nonprovisional applications
`§ 365(c) = provision of the patent code that allows for benefit claims to international applications
`
`Breckenridge Exhibit 1025
`102(e) date flowchart - Page 002
`
`