| Patents > § 1.624 Preliminary statement; invention made in a place other than the United States, a NAFTA country, or a WTO member country. - PATENT RULES |
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§ 1.624 Preliminary statement; invention made in a place other than the United States, a NAFTA country, or a WTO member country. - PATENT RULES
§ 1.624 Preliminary statement; invention made in a place other than the United States, a NAFTA country, or a WTO member country.
(a) When the invention was made in a place other than the United States, a NAFTA country, or a WTO member country and a party intends to rely on introduction of the invention into the United States, a NAFTA country, or a WTO member country, the preliminary statement must state the following facts as to the invention defined by each count:
(1) The date on which a drawing of the invention was first introduced into the United States, a NAFTA country, or a WTO member country.
(2) The date on which a written description of the invention was first introduced into the United States, a NAFTA country, or a WTO member country.
(3) The date on which the invention was first disclosed to another person in the United States, a NAFTA country, or a WTO member country.
(4) The date on which the inventor's conception of the invention was first introduced into the United States, a NAFTA country, or a WTO member country.
(5) The date on which an actual reduction to practice of the invention was first introduced into the United States, a NAFTA country, or a WTO member country. If an actual reduction to practice of the invention was not introduced into the United States, a NAFTA country, or a WTO member country, the preliminary amendment shall so state.
(6) The date after introduction of the inventor's conception into the United States, a NAFTA country, or a WTO member country when active exercise of reasonable diligence in the United States, a NAFTA country, or a WTO member country toward reducing the invention to practice began.
(b) If a party intends to prove derivation, the preliminary statement must also comply with § 1.625.
(c) When a party alleges under paragraph (a)(1) of this section that a drawing was introduced into the United States, a NAFTA country, or a WTO member country, a copy of that drawing shall be filed with and identified in the preliminary statement. When a party alleges under paragraph (a)(2) of this section that a written description of the invention was introduced into the United States, a NAFTA country, or a WTO member country, a copy of that written description shall be filed with and identified in the preliminary statement. See § 1.628(b) when a copy of the first drawing or first written description introduced in the United States, a NAFTA country, or a WTO member country cannot be filed with the preliminary statement.
[49 FR 48416, Dec. 12, 1984, added effective Feb. 11, 1985; 50 FR 23124, May 31, 1985; para. (a) & (c) revised, 60 FR 14488, Mar. 17, 1995, effective Apr. 21, 1995]
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