How are WIPO published applications treated under AIA 35 U.S.C. 102(a)(2)?

Under the AIA, WIPO published applications that designate the United States are treated as U.S. patent application publications for prior art purposes. This treatment applies regardless of:

• The international filing date
• Whether they are published in English
• Whether the PCT international application enters the national stage in the United States

The MPEP states: The WIPO publication of a PCT international application that designates the United States is an application for patent deemed published under 35 U.S.C. 122(b) for purposes of AIA 35 U.S.C. 102(a)(2) under 35 U.S.C. 374.

This treatment differs from pre-AIA 35 U.S.C. 102(e), where WIPO published applications were only treated as U.S. patent application publications under specific conditions.

To learn more:

• AIA
• WIPO publications
• PCT applications
• prior art