How does the AIA’s global view of prior art differ from pre-AIA law?

The AIA introduced a significant change by adopting a global view of prior art, which differs from the pre-AIA law’s more limited geographical scope. The MPEP explicitly states:

“The AIA adopts a global view of prior art disclosures and thus does not require that a public use or sale activity be ‘in this country’ to be a prior art activity.“

This change has several important implications:

1. Expanded scope: Prior art now includes public use, sale, or other public availability of the claimed invention anywhere in the world, not just in the United States.
2. Increased challenge for applicants: Patent applicants must now consider and disclose relevant prior art on a global scale, which may require more extensive searches and due diligence.
3. Harmonization with other patent systems: This change aligns U.S. patent law more closely with many other countries’ patent systems, which already considered global prior art.
4. Potential impact on patentability: The expanded geographical scope may increase the amount of relevant prior art, potentially making it more challenging to obtain patents in some cases.

This global view of prior art underscores the importance of conducting thorough, worldwide prior art searches and carefully considering any public disclosures or commercial activities related to an invention, regardless of where they occur.

To learn more:

• AIA
• global prior art
• pre-AIA
• public use
• sale activity