What is the relevance of pre-AIA 35 U.S.C. 102(g) in patent law?

Pre-AIA 35 U.S.C. 102(g) is a provision in U.S. patent law that was relevant before the America Invents Act (AIA) came into effect. According to MPEP 2138.02:

“Prior art under pre-AIA 35 U.S.C. 102(g) is limited to an invention that is made.”

This section of the law was significant because it:

• Defined what could be considered prior art based on earlier invention
• Was limited to inventions made in the United States
• Was used in determining priority in interference proceedings

The MPEP further clarifies: “Subject matter under pre-AIA 35 U.S.C. 102(g) is available only if made in this country.”

It’s important to note that while this section still applies to some older patent applications, its relevance has diminished with the implementation of the AIA, which shifted the U.S. to a first-inventor-to-file system.

To learn more:

• pre-AIA 35 U.S.C. 102(g)
• prior art
• invention location
• patent law