Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
The MPEP clearly states that “The knowledge or use relied on in a pre-AIA 35 U.S.C. 102(a) rejection must be knowledge or use ‘in this country.’” This means that prior knowledge or use outside the United States, even if widespread in a foreign country, cannot be used as a basis for rejection under pre-AIA 35 U.S.C. 102(a).
The MPEP cites the case of In re Ekenstam to support this interpretation. It’s important to note that despite changes made to pre-AIA 35 U.S.C. 104 by NAFTA and the Uruguay Round Agreements Act, the phrase “in this country” in pre-AIA 35 U.S.C. 102(a) still refers only to the United States and does not include other WTO or NAFTA member countries.
To learn more:
Topics:
MPEP 2100 – Patentability,
MPEP 2132 – Pre – Aia 35 U.S.C. 102(A),
Patent Law,
Patent Procedure