What are the requirements for a WIPO published application to be considered 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse WIPO Published Application as Prior Art MPEP 2154.01(a) Types of Patent Documents as Prior Art Under AIA 102(a)(2) MPEP 2154 Requirement for WIPO Published Applications MPEP 2154.01(a) WIPO PCT Publications Treated as U.S. Applications MPEP 2154.01(a) Canceled Matter Cannot Be Used as Prior Art Under AIA 102(a)(2) MPEP 2127 Prohibited Requirement for Applications Subject to FITF Provisions MPEP 2154 International and U.S. Patent Publications as Prior Art MPEP 2139.02 Filing Date of Continuing Application Is Prior Art Reference’s Pre-AIPA Date MPEP 2139.03 Canceled Matter as Prior Art MPEP 2127 Prior Art Date for Early Filed International Applications MPEP 2139.03 Permitted Other Related FAQs 5 FAQs Collapse How does the America Invents Act (AIA) affect WIPO published applications as prior art? How does the effective fili...