What types of U.S. patent documents qualify as prior art under AIA 35 U.S.C. 102(a)(2)?
Under AIA 35 U.S.C. 102(a)(2), the following U.S. patent documents qualify as prior art: U.S. patents U.S. patent application publications Certain World Intellectual Property Organization (WIPO) publications of international applications (PCT applications) The MPEP states: “AIA 35 U.S.C. 102(a)(2) sets forth three types of patent documents that can be applied as prior art as of…
Read MoreWhat types of documents are considered “U.S. patent documents” under the AIA 35 U.S.C. 102(b)(2)(A) exception?
According to the MPEP, “U.S. patent documents” under the AIA 35 U.S.C. 102(b)(2)(A) exception include: U.S. patents U.S. patent application publications WIPO published applications The MPEP specifically states: This exception limits the use of an inventor’s own work as prior art, when the inventor’s own work is disclosed in a U.S. patent, U.S. patent application…
Read MoreWhat is the significance of the phrase “names another inventor” in AIA 35 U.S.C. 102(a)(2)?
The phrase “names another inventor” in AIA 35 U.S.C. 102(a)(2) is significant because it determines whether a U.S. patent document can be used as prior art against a later application. The MPEP explains: “If the patent document names another inventor and was effectively filed before the effective filing date of the claimed invention, it is…
Read MoreHow does the “effectively filed date” affect prior art status under AIA 35 U.S.C. 102(a)(2)?
The “effectively filed date” is crucial in determining the prior art status of U.S. patent documents under AIA 35 U.S.C. 102(a)(2). According to the MPEP: “The question of whether a patent or published application is actually prior art under AIA 35 U.S.C. 102(a)(2) depends upon its effectively filed date.” (MPEP 2154.01) The effectively filed date…
Read MoreWhat types of documents can qualify as prior art under AIA 35 U.S.C. 102(a)(2)?
Under AIA 35 U.S.C. 102(a)(2), several types of U.S. patent documents can qualify as prior art. According to MPEP 2154.01(c), these include: U.S. patents U.S. patent application publications WIPO published applications The MPEP states: “To qualify as prior art under AIA 35 U.S.C. 102(a)(2), the prior art U.S. patent, U.S. patent application publication, or WIPO…
Read MoreHow does the AIA 35 U.S.C. 102(b)(2)(A) exception apply to U.S. patent documents?
The AIA 35 U.S.C. 102(b)(2)(A) exception applies broadly to U.S. patent documents. According to the MPEP: The 35 U.S.C. 102(b)(2)(A) exception may possibly apply to any U.S. patent document, regardless of its potential prior art date under 35 U.S.C. 102(a)(2). In other words, there is no grace period limitation to the applicability of the 35…
Read MoreHow have Kind Codes changed for U.S. patent documents since 2001?
The United States Patent and Trademark Office (USPTO) began using WIPO Standard ST.16 codes (Kind Codes) on January 2, 2001. This change brought about several modifications to the coding system: New codes were introduced for patent application publications (A1, A2, A9) Codes for granted patents were changed (B1, B2) Specific codes were assigned to plant…
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