Eighteen-Month Publication
Prior art effect of published applications and patents under amended 35 U.S.C. § 102(e):
35 U.S.C. § 102(e)(1) sets forth conditions under which a published application is prior art as of its filing date
- includes U.S. patent application publications (including voluntary publication), whether filed under 35 U.S.C. § 111(a) or resulting from a PCT application
- includes PCT applications published by the International Bureau (IB) (by virtue of 35 U.S.C. § 374)
35 U.S.C. § 102(e)(2) sets forth conditions under which a patent is prior art as of its filing date