Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2100 – Patentability (2)
No, a PCT application does not need to enter the national stage in the United States to be considered prior art under the AIA. The MPEP clearly states:
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.
This means that as long as the PCT application designates the United States and is published by WIPO, it can be used as prior art under AIA 35 U.S.C. 102(a)(2). This is a significant change from pre-AIA law and expands the scope of prior art that must be considered in patentability determinations.
To learn more:
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:
MPEP 2154.01(A) – Wipo Published Applications (2)
No, a PCT application does not need to enter the national stage in the United States to be considered prior art under the AIA. The MPEP clearly states:
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.
This means that as long as the PCT application designates the United States and is published by WIPO, it can be used as prior art under AIA 35 U.S.C. 102(a)(2). This is a significant change from pre-AIA law and expands the scope of prior art that must be considered in patentability determinations.
To learn more:
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:
Patent Law (2)
No, a PCT application does not need to enter the national stage in the United States to be considered prior art under the AIA. The MPEP clearly states:
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.
This means that as long as the PCT application designates the United States and is published by WIPO, it can be used as prior art under AIA 35 U.S.C. 102(a)(2). This is a significant change from pre-AIA law and expands the scope of prior art that must be considered in patentability determinations.
To learn more:
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:
Patent Procedure (2)
No, a PCT application does not need to enter the national stage in the United States to be considered prior art under the AIA. The MPEP clearly states:
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.
This means that as long as the PCT application designates the United States and is published by WIPO, it can be used as prior art under AIA 35 U.S.C. 102(a)(2). This is a significant change from pre-AIA law and expands the scope of prior art that must be considered in patentability determinations.
To learn more:
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: