How does the America Invents Act (AIA) affect WIPO published applications as prior art?
The America Invents Act (AIA) significantly changed how WIPO published applications are treated as prior art. According to MPEP 2154.01(a):
“AIA 35 U.S.C. 102(a)(2) explicitly references U.S. patents, U.S. patent application publications, and WIPO published applications as potential prior art documents.”
This means that under the AIA, WIPO published applications are now explicitly recognized as potential prior art, expanding the scope of what can be considered when examining patent applications. The AIA treats these applications similarly to U.S. patent documents for prior art purposes, which is a significant change from the pre-AIA system.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2154.01(A) - Wipo Published Applications,
Patent Law,
Patent Procedure