What types of documents can qualify as prior art under AIA 35 U.S.C. 102(a)(2)?
Under AIA 35 U.S.C. 102(a)(2), several types of U.S. patent documents can qualify as prior art. According to MPEP 2154.01(c), these include:
- U.S. patents
- U.S. patent application publications
- WIPO published applications
The MPEP states: “To qualify as prior art under AIA 35 U.S.C. 102(a)(2), the prior art U.S. patent, U.S. patent application publication, or WIPO published application (‘U.S. patent document’) must ‘name[ ] another inventor.'”
It’s important to note that these documents must also meet the “names another inventor” requirement and any other applicable criteria to be considered prior art under this section.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2154.01(C) - Requirement Of "Names Another Inventor",
Patent Law,
Patent Procedure