What does “The Invention Was Made in This Country” mean in patent law?

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 phrase “The Invention Was Made in This Country” refers to a specific requirement in pre-AIA (pre-America Invents Act) U.S. patent law. According to MPEP 2138.02, this requirement is related to prior art under pre-AIA 35 U.S.C. 102(g).

The MPEP states: “Subject matter under pre-AIA 35 U.S.C. 102(g) is available only if made in this country.” This means that for an invention to be considered prior art under this section, it must have been made within the United States.

It’s important to note that this requirement has limited applicability to applications subject to the first inventor to file (FITF) provisions of the AIA. For current applications, refer to MPEP § 2159 et seq. to determine if this rule applies.