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In re Hilmer (Hilmer II)

Court of Customs and Patent Appeals

424 F.2d 1108 (1970)

Intellectual Property
Relevant factsFree

After Hilmer I established that Habicht's U.S. filing date, not its Swiss priority date, was the relevant § 102(e) prior-art date, the Board on remand instead relied on § 102(g) to hold that Habicht's claimed compound was prior art against Hilmer as of Habicht's earlier Swiss filing date, since Hilmer had filed his own German application before Habicht's U.S. filing but after Habicht's Swiss filing.

IssueFree

Can inventive activity occurring outside of the United States be used as prior art for the purpose of defeating patent rights?

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