What qualifies as prior art under AIA 35 U.S.C. 102(a)(2)?
Under AIA 35 U.S.C. 102(a)(2), the following qualify as prior art:
- U.S. patents
- U.S. patent application publications
- WIPO published applications that designate the United States
The MPEP specifies: Accordingly, a U.S. patent, a U.S. patent application publication, or a WIPO published application that names another inventor and was effectively filed before the effective filing date of the claimed invention, is prior art under AIA 35 U.S.C. 102(a)(2).
It’s important to note that for these documents to be considered prior art, they must name another inventor and have been effectively filed before the effective filing date of the claimed invention in question. This expanded definition of prior art under the AIA has significant implications for patent practitioners and inventors in assessing patentability.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2154.01(A) - Wipo Published Applications,
Patent Law,
Patent Procedure