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103(a) due to the Cooperative Research and Technology Enhancement Act of 2004 (CREATE Act) (Public Law 108-453; 118 Stat. 103(c) to provide that subject matter developed by another person shall be treated as owned by the same person or subject to an obligation of assignment to the same person for purposes of determining obviousness if certain conditions are met. application publications and certain international application publications are also available as prior art under pre-AIA 35 U. filing dates (which will include certain international filing dates). Editor Note: This MPEP section is not applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U. to determine whether an application is subject to examination under the FITF provisions, and MPEP § 2150 et seq.

A defensive publication is not a patent or an application publication under 35 U.

102(e) are only authorized when there is a common inventor or assignee, otherwise the copending application prior to publication must remain confidential.

For applications filed on or after November 29, 1999 or pending on or after December 10, 2004, a provisional rejection under 35 U.

for examination of applications subject to those provisions.]I.

to determine whether an application is subject to examination under the FITF provisions, and MPEP § 2150 et seq. APPLICATION MUST ISSUE AS A PATENT OR BE PUBLISHED AS A SIR OR AS AN APPLICATION PUBLICATION BEFORE IT IS AVAILABLE AS PRIOR ART UNDER Pre-AIA 35 U.

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