Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2100 – Patentability (2)
The phrase “The Invention Was Made in This Country” refers to a specific requirement in pre-AIA (pre-America Invents Act) U.S. patent law. According to MPEP 2138.02, this requirement is related to prior art under pre-AIA 35 U.S.C. 102(g).
The MPEP states: “Subject matter under pre-AIA 35 U.S.C. 102(g) is available only if made in this country.” This means that for an invention to be considered prior art under this section, it must have been made within the United States.
It’s important to note that this requirement has limited applicability to applications subject to the first inventor to file (FITF) provisions of the AIA. For current applications, refer to MPEP § 2159 et seq. to determine if this rule applies.
To learn more:
Pre-AIA 35 U.S.C. 102(g) is a provision in U.S. patent law that was relevant before the America Invents Act (AIA) came into effect. According to MPEP 2138.02:
“Prior art under pre-AIA 35 U.S.C. 102(g) is limited to an invention that is made.”
This section of the law was significant because it:
- Defined what could be considered prior art based on earlier invention
- Was limited to inventions made in the United States
- Was used in determining priority in interference proceedings
The MPEP further clarifies: “Subject matter under pre-AIA 35 U.S.C. 102(g) is available only if made in this country.”
It’s important to note that while this section still applies to some older patent applications, its relevance has diminished with the implementation of the AIA, which shifted the U.S. to a first-inventor-to-file system.
To learn more:
MPEP 2138.02 – "The Invention Was Made In This Country" (2)
The phrase “The Invention Was Made in This Country” refers to a specific requirement in pre-AIA (pre-America Invents Act) U.S. patent law. According to MPEP 2138.02, this requirement is related to prior art under pre-AIA 35 U.S.C. 102(g).
The MPEP states: “Subject matter under pre-AIA 35 U.S.C. 102(g) is available only if made in this country.” This means that for an invention to be considered prior art under this section, it must have been made within the United States.
It’s important to note that this requirement has limited applicability to applications subject to the first inventor to file (FITF) provisions of the AIA. For current applications, refer to MPEP § 2159 et seq. to determine if this rule applies.
To learn more:
Pre-AIA 35 U.S.C. 102(g) is a provision in U.S. patent law that was relevant before the America Invents Act (AIA) came into effect. According to MPEP 2138.02:
“Prior art under pre-AIA 35 U.S.C. 102(g) is limited to an invention that is made.”
This section of the law was significant because it:
- Defined what could be considered prior art based on earlier invention
- Was limited to inventions made in the United States
- Was used in determining priority in interference proceedings
The MPEP further clarifies: “Subject matter under pre-AIA 35 U.S.C. 102(g) is available only if made in this country.”
It’s important to note that while this section still applies to some older patent applications, its relevance has diminished with the implementation of the AIA, which shifted the U.S. to a first-inventor-to-file system.
To learn more:
Patent Law (2)
The phrase “The Invention Was Made in This Country” refers to a specific requirement in pre-AIA (pre-America Invents Act) U.S. patent law. According to MPEP 2138.02, this requirement is related to prior art under pre-AIA 35 U.S.C. 102(g).
The MPEP states: “Subject matter under pre-AIA 35 U.S.C. 102(g) is available only if made in this country.” This means that for an invention to be considered prior art under this section, it must have been made within the United States.
It’s important to note that this requirement has limited applicability to applications subject to the first inventor to file (FITF) provisions of the AIA. For current applications, refer to MPEP § 2159 et seq. to determine if this rule applies.
To learn more:
Pre-AIA 35 U.S.C. 102(g) is a provision in U.S. patent law that was relevant before the America Invents Act (AIA) came into effect. According to MPEP 2138.02:
“Prior art under pre-AIA 35 U.S.C. 102(g) is limited to an invention that is made.”
This section of the law was significant because it:
- Defined what could be considered prior art based on earlier invention
- Was limited to inventions made in the United States
- Was used in determining priority in interference proceedings
The MPEP further clarifies: “Subject matter under pre-AIA 35 U.S.C. 102(g) is available only if made in this country.”
It’s important to note that while this section still applies to some older patent applications, its relevance has diminished with the implementation of the AIA, which shifted the U.S. to a first-inventor-to-file system.
To learn more:
Patent Procedure (2)
The phrase “The Invention Was Made in This Country” refers to a specific requirement in pre-AIA (pre-America Invents Act) U.S. patent law. According to MPEP 2138.02, this requirement is related to prior art under pre-AIA 35 U.S.C. 102(g).
The MPEP states: “Subject matter under pre-AIA 35 U.S.C. 102(g) is available only if made in this country.” This means that for an invention to be considered prior art under this section, it must have been made within the United States.
It’s important to note that this requirement has limited applicability to applications subject to the first inventor to file (FITF) provisions of the AIA. For current applications, refer to MPEP § 2159 et seq. to determine if this rule applies.
To learn more:
Pre-AIA 35 U.S.C. 102(g) is a provision in U.S. patent law that was relevant before the America Invents Act (AIA) came into effect. According to MPEP 2138.02:
“Prior art under pre-AIA 35 U.S.C. 102(g) is limited to an invention that is made.”
This section of the law was significant because it:
- Defined what could be considered prior art based on earlier invention
- Was limited to inventions made in the United States
- Was used in determining priority in interference proceedings
The MPEP further clarifies: “Subject matter under pre-AIA 35 U.S.C. 102(g) is available only if made in this country.”
It’s important to note that while this section still applies to some older patent applications, its relevance has diminished with the implementation of the AIA, which shifted the U.S. to a first-inventor-to-file system.
To learn more: