MPEP § 2154.01(a) — WIPO Published Applications (Annotated Rules)
§2154.01(a) WIPO Published Applications
This page consolidates and annotates all enforceable requirements under MPEP § 2154.01(a), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
WIPO Published Applications
This section addresses WIPO Published Applications. Primary authority: 35 U.S.C. 100, 35 U.S.C. 102, and 35 U.S.C. 122(b). Contains: 3 statements.
Key Rules
Statutory Authority for Examination
Access to National Stage Applications
The WIPO publication of a PCT international application that designates the United States is an application for patent deemed published under 35 U.S.C. 122(b) for purposes of AIA 35 U.S.C. 102(a)(2) under 35 U.S.C. 374. Thus, under the AIA, WIPO publications of PCT applications that designate the United States are treated as U.S. patent application publications for prior art purposes, regardless of the international filing date, whether they are published in English, or whether the PCT international application enters the national stage in the United States. 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), unless an exception under AIA 35 U.S.C. 102(b)(2) applies. This differs from the treatment of a WIPO published application under pre-AIA 35 U.S.C. 102(e), where a WIPO published application is treated as a U.S. patent application publication only if the PCT application was filed on or after November 29, 2000, designated the United States, and is published under PCT Article 21(2) in the English language. See MPEP § 2136.03, subsection II.
Access to Published Application File
The WIPO publication of a PCT international application that designates the United States is an application for patent deemed published under 35 U.S.C. 122(b) for purposes of AIA 35 U.S.C. 102(a)(2) under 35 U.S.C. 374. Thus, under the AIA, WIPO publications of PCT applications that designate the United States are treated as U.S. patent application publications for prior art purposes, regardless of the international filing date, whether they are published in English, or whether the PCT international application enters the national stage in the United States. 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), unless an exception under AIA 35 U.S.C. 102(b)(2) applies. This differs from the treatment of a WIPO published application under pre-AIA 35 U.S.C. 102(e), where a WIPO published application is treated as a U.S. patent application publication only if the PCT application was filed on or after November 29, 2000, designated the United States, and is published under PCT Article 21(2) in the English language. See MPEP § 2136.03, subsection II.
Citations
| Primary topic | Citation |
|---|---|
| Statutory Authority for Examination | 35 U.S.C. § 100 |
| Statutory Authority for Examination | 35 U.S.C. § 102 |
| Access to National Stage Applications Access to Published Application File | 35 U.S.C. § 102(a)(2) |
| Access to National Stage Applications Access to Published Application File | 35 U.S.C. § 102(b)(2) |
| Access to National Stage Applications Access to Published Application File | 35 U.S.C. § 102(e) |
| Access to National Stage Applications Access to Published Application File | 35 U.S.C. § 122(b) |
| Access to National Stage Applications Access to Published Application File | 35 U.S.C. § 374 |
| Statutory Authority for Examination | MPEP § 2131 |
| Access to National Stage Applications Access to Published Application File | MPEP § 2136.03 |
| Statutory Authority for Examination | MPEP § 2138 |
| Statutory Authority for Examination | MPEP § 2159 |
| Access to National Stage Applications Access to Published Application File | PCT Article 21(2) |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 2154.01(a) — WIPO Published Applications
Source: USPTO2154.01(a) WIPO Published Applications [R-01.2024]
[Editor Note: This MPEP section is only applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note). See MPEP § 2159 et seq. to determine whether an application is subject to examination under the FITF provisions, and MPEP § 2131–MPEP § 2138 for examination of applications subject to pre-AIA 35 U.S.C. 102.]
The WIPO publication of a PCT international application that designates the United States is an application for patent deemed published under 35 U.S.C. 122(b) for purposes of AIA 35 U.S.C. 102(a)(2) under 35 U.S.C. 374. Thus, under the AIA, WIPO publications of PCT applications that designate the United States are treated as U.S. patent application publications for prior art purposes, regardless of the international filing date, whether they are published in English, or whether the PCT international application enters the national stage in the United States. 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), unless an exception under AIA 35 U.S.C. 102(b)(2) applies. This differs from the treatment of a WIPO published application under pre-AIA 35 U.S.C. 102(e), where a WIPO published application is treated as a U.S. patent application publication only if the PCT application was filed on or after November 29, 2000, designated the United States, and is published under PCT Article 21(2) in the English language. See MPEP § 2136.03, subsection II.