What types of U.S. patent documents qualify as prior art under AIA 35 U.S.C. 102(a)(2)?
Under AIA 35 U.S.C. 102(a)(2), the following U.S. patent documents qualify as prior art:
- U.S. patents
- U.S. patent application publications
- Certain World Intellectual Property Organization (WIPO) publications of international applications (PCT applications)
The MPEP states: “AIA 35 U.S.C. 102(a)(2) sets forth three types of patent documents that can be applied as prior art as of their effectively filed dates: U.S. patents, U.S. patent application publications, and certain WIPO published applications.” (MPEP 2154.01)
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2154.01 - Prior Art Under Aia 35 U.S.C. 102(A)(2) "U.S. Patent Documents",
Patent Law,
Patent Procedure