How do AIA 35 U.S.C. 102(b)(1) exceptions affect international patent applications?

The AIA 35 U.S.C. 102(b)(1) exceptions have important implications for international patent applications, particularly in relation to the Patent Cooperation Treaty (PCT) and Paris Convention applications. According to MPEP 2153:

“AIA 35 U.S.C. 102(d) defines ‘effective filing date’ for purposes of determining whether a particular disclosure qualifies as prior art under AIA 35 U.S.C. 102(a)(1) or (a)(2). This provision is applicable to PCT and Paris Convention applications.”

Key points to consider for international applications include:

• The effective filing date may be the filing date of a foreign priority application, affecting the one-year grace period calculation.
• Disclosures made in foreign countries are subject to the same exceptions as those made in the U.S.
• Inventors must be cautious about public disclosures before filing, as some countries don’t have grace periods.
• The exceptions may affect the novelty and inventive step assessments in different jurisdictions.

Inventors and patent practitioners should carefully consider these factors when developing a global patent strategy and timing their disclosures and filings.

To learn more:

• AIA exceptions
• international patent applications
• PCT
• Paris Convention