What qualifies as prior art under AIA 35 U.S.C. 102(a)(2)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse WIPO Published Application as Prior Art MPEP 2154.01(a) Requirement for U.S. Patent, Application Publication, or PCT Publication MPEP 2136 Required Prior Art Effect for Patent Application Publications MPEP 2139.02 Use of International and U.S. Patents as Prior Art Under Pre-AIA 102(e) MPEP 2139.02 WIPO Publication May Predate Claimed Invention MPEP 2136 Prohibited International and U.S. Patent Publications as Prior Art MPEP 2139.02 WIPO Publication Earlier Than U.S. Patent MPEP 2136.03 Prohibited Canceled Matter Cannot Be Used as Prior Art Under AIA 102(a)(2) MPEP 2127 Prohibited Abandoned Patent Application Becomes Prior Art Only When Disclosed MPEP 2127 Requirement for WIPO Published Applications MPEP 2154.01(a) Other Related FAQs 5 FAQs Collapse How does the America Invents Act (AIA) affect WIPO published applicati...