How does the USPTO treat admissions under the AIA?
The United States Patent and Trademark Office (USPTO) continues to treat admissions by applicants as prior art under the America Invents Act (AIA). This approach is consistent with pre-AIA practice.
According to MPEP 2152.03: “The Office will continue to treat admissions by the applicant as prior art under the AIA.” This means that any statement by an applicant identifying another’s work as prior art can be used in examining the patent application, regardless of whether that work would qualify as prior art under the AIA’s statutory provisions.
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Topics:
MPEP 2100 - Patentability,
MPEP 2152.03 - Admissions,
Patent Law,
Patent Procedure