How does the AIA treat foreign prior art?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The AIA significantly changed the treatment of foreign prior art by eliminating the geographic limitations that existed in pre-AIA law. The MPEP states: Under the AIA, a prior public use, sale activity, or other disclosure has no geographic requirement (i.e., need not be in the United States) to qualify as prior art. This means that public uses, sales, or other disclosures that occur anywhere in the world can now be considered prior art under AIA 35 U.S.C. 102(a)(1). Additionally, foreign patent applications can serve as prior art under AIA 35 U.S.C. 102(a)(2) as of their earliest priority date, regardless of language or country of origin, if they designate the United States. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Exceptions to Prior Art Under AIA 35 U.S.C. 102(a)(1) MPEP 2151 Qualifying Prior Art Under AIA 35 U.S.C. 102 MPEP 2151 Exceptions to Prior Art Under AIA 35 U.S.C. 102(a) MPEP 2151 Exceptions to Prior Art Under AIA 35 U.S.C. 102(b) MPEP 2151 Invention Date Not Relevant Under AIA 35 U.S.C. 102 MPEP 2151 WIPO Published Application as Prior Art Under AIA 102(a)(2) MPEP 2151 Inventor Disclosures Not Prior Art Under AIA MPEP 2151 Prohibited Co-Worker Disclosures Not Prior Art Under AIA 102(a)(2) MPEP 2151 AIA 35 U.S.C. 102 and 103 Effective on March 16, 2013 MPEP 2151 Public Use No Longer Requires Being in US MPEP 2151 Required Other Related FAQs 5 FAQs Collapse How does the AIA define &#8220;effective filing date&#8221;? What is the significance of the &#8220;effectively filed&#8221; date under AIA 35 U.S.C. 102(d)? What is the one-year grace period under AIA 35 U.S.C. 102(b)(1)? What are the key changes to 35 U.S.C. 102 under the AIA? What is the ...