How does pre-AIA 35 U.S.C. 104 affect the establishment of invention dates for foreign inventions?

Pre-AIA 35 U.S.C. 104 affects the establishment of invention dates for foreign inventions by limiting the ability to use foreign activity as evidence of invention date in certain cases. According to MPEP 2301.01:

“In proceedings in the Patent and Trademark Office, in the courts, and before any other competent authority, an applicant for a patent, or a patentee, may not establish a date of invention by reference to knowledge or use thereof, or other activity with respect thereto, in a foreign country other than a NAFTA country or a WTO member country, except as provided in sections 119 and 365 of this title.”

This means that inventors can only rely on activities in NAFTA or WTO member countries to establish invention dates, with some exceptions. The law also provides special rights for inventions made by persons serving abroad in connection with certain government operations.

To learn more:

• pre-AIA 35 U.S.C. 104
• foreign inventions
• invention dates
• NAFTA
• WTO