What is considered “patented” under AIA 35 U.S.C. 102(a)(1)?

Under AIA 35 U.S.C. 102(a)(1), “patented” refers to a prior patent that discloses the claimed invention before the effective filing date of the current application. The MPEP states:

“AIA 35 U.S.C. 102(a)(1) indicates that a prior patent of a claimed invention will preclude the grant of a subsequent patent on the claimed invention.”

This means that if an invention was patented in the U.S. or a foreign country before the effective filing date of the claimed invention, it can prevent the grant of a new patent on that invention.

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Topics: MPEP 2100 - Patentability, MPEP 2152.02(A) - Patented, Patent Law, Patent Procedure
Tags: AIA, effective filing date, patent law