What is the difference between “described in a printed publication” under AIA and pre-AIA law?
The interpretation of “described in a printed publication” remains largely the same under AIA 35 U.S.C. 102(a)(1) as it was under pre-AIA 35 U.S.C. 102. The key requirements for anticipation by a printed publication are: The reference must disclose all elements of the claimed invention The elements must be arranged as in the claim The…
Read MoreWhat constitutes a “printed publication” under AIA 35 U.S.C. 102(a)(1)?
Under AIA 35 U.S.C. 102(a)(1), a printed publication can include patents, published patent applications, or other printed documents. The MPEP states that “If a claimed invention is described in a patent, published patent application, or printed publication, such a document may be available as prior art under AIA 35 U.S.C. 102(a)(1).” This means that any…
Read MoreWhat is the role of the patent examiner in investigating potential public uses under the AIA?
Under the AIA, patent examiners play an important role in investigating potential public uses that could affect the patentability of an invention. The MPEP provides guidance on this matter: “[O]nce an examiner becomes aware that a claimed invention has been the subject of a potentially public use, the examiner should require the applicant to provide…
Read MoreWhat is the ‘otherwise available to the public’ category in AIA 35 U.S.C. 102(a)(1)?
The ‘otherwise available to the public’ category is a new addition to the definition of prior art under AIA 35 U.S.C. 102(a)(1). This category serves as a catch-all provision to include forms of public disclosure that may not fit neatly into the other specified categories. The MPEP states: “Finally, a catch-all ‘otherwise available to the…
Read MoreWhat is considered “otherwise available to the public” under AIA 35 U.S.C. 102(a)(1)?
Under AIA 35 U.S.C. 102(a)(1), “otherwise available to the public” is a catch-all provision that encompasses disclosures made available to the public by any means. The MPEP 2152.02(e) states: “The catch-all provision of AIA 35 U.S.C. 102(a)(1), ‘otherwise available to the public,’ indicates that the statute does not limit prior art to the enumerated categories…
Read MoreHow does the AIA define “on sale” for prior art purposes?
The AIA maintains the “on sale” provision as a category of prior art under 35 U.S.C. 102(a)(1). According to MPEP 2152.02(d): “The “on sale” provision of AIA 35 U.S.C. 102(a)(1) is triggered by a sale or offer for sale of the claimed invention. The phrase “on sale” in AIA 35 U.S.C. 102(a)(1) is treated as…
Read MoreWhat constitutes “on sale” under AIA 35 U.S.C. 102(a)(1)?
Under AIA 35 U.S.C. 102(a)(1), “on sale” is interpreted similarly to its meaning in pre-AIA 35 U.S.C. 102(b). The MPEP states: “The phrase ‘on sale’ in AIA 35 U.S.C. 102(a)(1) is treated as having the same meaning as ‘on sale’ in pre-AIA 35 U.S.C. 102(b).” This means that commercial sales or offers for sale, not…
Read MoreHow does the AIA treat “on sale” activities as prior art?
The AIA’s treatment of “on sale” activities as prior art under 35 U.S.C. 102(a)(1) is similar to pre-AIA law, but with some important changes. The MPEP provides guidance on this topic: “The phrase ‘on sale’ in AIA 35 U.S.C. 102(a)(1) is treated as having the same meaning as ‘on sale’ in pre-AIA 35 U.S.C. 102(b).”…
Read MoreHow does the Internet affect the determination of printed publications in patent law?
How does the Internet affect the determination of printed publications in patent law? The Internet has significantly impacted the concept of printed publications in patent law. According to MPEP 2152.02(b): “A reference is considered publicly accessible if it was disseminated or otherwise made available to the extent that persons interested and ordinarily skilled in the…
Read MoreAre there geographic limitations on “on sale” activities under AIA?
No, there are no geographic limitations on “on sale” activities under AIA 35 U.S.C. 102(a)(1). The MPEP clearly states: “Under AIA 35 U.S.C. 102(a)(1), there is no geographic limitation on where the sale or offer for sale may occur. When formulating a rejection, Office personnel should consider evidence of sales activity, regardless of where the…
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