Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2100 – Patentability (2)
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:
The “in this country” limitation in Pre-AIA 35 U.S.C. 102(a) applies specifically to the “known or used” clause of the statute. The MPEP clarifies:
“The knowledge or use relied on must be knowledge or use ‘in this country.’ Prior knowledge or use which is not present in the United States, even if widespread in a foreign country, cannot be the basis of a rejection under pre-AIA 35 U.S.C. 102(a).”
This means that for prior art to be considered under the “known or used” provision, the knowledge or use must have occurred within the United States. However, it’s important to note that this geographical limitation does not apply to printed publications or patents. A printed publication or patent from anywhere in the world can still be used as prior art under this section if it meets the other criteria.
To learn more:
MPEP 2132 – Pre – Aia 35 U.S.C. 102(A) (2)
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:
The “in this country” limitation in Pre-AIA 35 U.S.C. 102(a) applies specifically to the “known or used” clause of the statute. The MPEP clarifies:
“The knowledge or use relied on must be knowledge or use ‘in this country.’ Prior knowledge or use which is not present in the United States, even if widespread in a foreign country, cannot be the basis of a rejection under pre-AIA 35 U.S.C. 102(a).”
This means that for prior art to be considered under the “known or used” provision, the knowledge or use must have occurred within the United States. However, it’s important to note that this geographical limitation does not apply to printed publications or patents. A printed publication or patent from anywhere in the world can still be used as prior art under this section if it meets the other criteria.
To learn more:
Patent Law (2)
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:
The “in this country” limitation in Pre-AIA 35 U.S.C. 102(a) applies specifically to the “known or used” clause of the statute. The MPEP clarifies:
“The knowledge or use relied on must be knowledge or use ‘in this country.’ Prior knowledge or use which is not present in the United States, even if widespread in a foreign country, cannot be the basis of a rejection under pre-AIA 35 U.S.C. 102(a).”
This means that for prior art to be considered under the “known or used” provision, the knowledge or use must have occurred within the United States. However, it’s important to note that this geographical limitation does not apply to printed publications or patents. A printed publication or patent from anywhere in the world can still be used as prior art under this section if it meets the other criteria.
To learn more:
Patent Procedure (2)
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:
The “in this country” limitation in Pre-AIA 35 U.S.C. 102(a) applies specifically to the “known or used” clause of the statute. The MPEP clarifies:
“The knowledge or use relied on must be knowledge or use ‘in this country.’ Prior knowledge or use which is not present in the United States, even if widespread in a foreign country, cannot be the basis of a rejection under pre-AIA 35 U.S.C. 102(a).”
This means that for prior art to be considered under the “known or used” provision, the knowledge or use must have occurred within the United States. However, it’s important to note that this geographical limitation does not apply to printed publications or patents. A printed publication or patent from anywhere in the world can still be used as prior art under this section if it meets the other criteria.
To learn more: