How are international patent applications considered as prior art in the U.S.?
International patent applications can be considered as prior art in the U.S. under specific conditions. MPEP 901.03 states:
“A U.S. patent application publication of a National Stage application and a WIPO publication of an international application under PCT Article 21(2) are considered to be prior art under pre-AIA 35 U.S.C. 102(e) as of the international filing date, or an earlier effective U.S. filing date, only if the international application was filed on or after November 29, 2000, designated the United States, and was published under PCT Article 21(2) in English.”
Similarly, under the AIA, these publications are considered prior art under 35 U.S.C. 102(a)(2) as of the international filing date or an earlier effective U.S. filing date. This means that international applications can serve as prior art from their international filing date, provided they meet certain criteria, including being filed after November 29, 2000, designating the U.S., and being published in English.
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