Patent Law FAQ

The phrase “in this country” in pre-AIA 35 U.S.C. 102(b) refers specifically to the United States and its territories. According to the MPEP:

“The language ‘in this country’ in pre-AIA 35 U.S.C. 102(b) does not include other WTO or NAFTA member countries, but includes any State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.”

This definition is important for determining the applicability of the public use and on-sale bars in patent law.

To learn more:

• pre-AIA
• 35 U.S.C. 102(b)
• public use
• on-sale bar
• territorial scope