Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Pre-AIA 35 U.S.C. 102 subsections (a), (b), and (e) each define different types of prior art. According to MPEP 2139.02:
- 35 U.S.C. 102(a) covers knowledge or use by others in the U.S., or patents or printed publications anywhere, before the invention by the applicant.
- 35 U.S.C. 102(b) relates to public use or sale in the U.S., or patents or printed publications anywhere, more than one year before the application date.
- 35 U.S.C. 102(e) pertains to earlier-filed U.S. patent applications that are published or granted as patents.
Understanding these differences is crucial for patent examiners when evaluating prior art and determining patentability under the pre-AIA system. Each subsection has its own specific criteria and time frame for what qualifies as prior art.
To learn more:
Topics:
(B),
MPEP 2100 – Patentability,
MPEP 2139.02 – Determining Whether To Apply Pre – Aia 35 U.S.C. 102(A),
Or (E),
Patent Law,
Patent Procedure