How does the prior art exception under 35 U.S.C. 102(b)(2)(C) affect PCT applications?
How does the prior art exception under 35 U.S.C. 102(b)(2)(C) affect PCT applications?
The prior art exception under 35 U.S.C. 102(b)(2)(C) has specific implications for PCT applications. The MPEP 717.02(a) states:
“The U.S. patent document that resulted from a PCT application filed before March 16, 2013, is available as prior art under 35 U.S.C. 102(e) as of the PCT filing date only if the international application (1) was filed on or after November 29, 2000, (2) designated the United States, and (3) was published under Article 21(2) of the PCT in English.”
This means that for PCT applications filed before March 16, 2013, specific conditions must be met for the resulting U.S. patent document to be considered prior art. The prior art exception can be invoked if these conditions are satisfied and the other requirements of 35 U.S.C. 102(b)(2)(C) are met.
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