What are the key differences between pre-AIA 35 U.S.C. 102(a), (b), and (e)?

Pre-AIA 35 U.S.C. 102 subsections (a), (b), and (e) each define different types of prior art. According to MPEP 2139.02:

  • 35 U.S.C. 102(a) covers knowledge or use by others in the U.S., or patents or printed publications anywhere, before the invention by the applicant.
  • 35 U.S.C. 102(b) relates to public use or sale in the U.S., or patents or printed publications anywhere, more than one year before the application date.
  • 35 U.S.C. 102(e) pertains to earlier-filed U.S. patent applications that are published or granted as patents.

Understanding these differences is crucial for patent examiners when evaluating prior art and determining patentability under the pre-AIA system. Each subsection has its own specific criteria and time frame for what qualifies as prior art.

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Topics: (B), MPEP 2100 - Patentability, MPEP 2139.02 - Determining Whether To Apply Pre - Aia 35 U.S.C. 102(A), Or (E), Patent Law, Patent Procedure
Tags: patent examination, Pre-Aia 35 U.S.C. 102