What are the requirements for a WIPO published application to be considered prior art under AIA 35 U.S.C. 102(a)(2)?

For a WIPO published application to be considered prior art under AIA 35 U.S.C. 102(a)(2), it must meet specific requirements. According to MPEP 2154.01(a):

“AIA 35 U.S.C. 102(a)(2) sets forth three descriptions of U.S. patent documents that are available as prior art as of the date they were effectively filed with respect to the subject matter relied upon in the document if they name another inventor.”

The requirements for a WIPO published application to be prior art under this section are:

• It must be published under the Patent Cooperation Treaty (PCT)
• It must designate the United States
• It must be published in English

If these conditions are met, the WIPO published application can be used as prior art from its effective filing date, even if that date is before the application’s publication date.

To learn more:

• WIPO applications
• prior art
• AIA 35 U.S.C. 102(a)(2)
• patent examination