What are the key changes to 35 U.S.C. 102 under the AIA?
The America Invents Act (AIA) made significant changes to 35 U.S.C. 102, which defines what qualifies as prior art. The key changes include: AIA 35 U.S.C. 102(a)(1) and (a)(2) set forth what qualifies as prior art. AIA 35 U.S.C. 102(b) sets forth exceptions to prior art established in AIA 35 U.S.C. 102(a). The AIA eliminated…
Read MoreHow does the AIA treat foreign prior art?
The AIA significantly changed the treatment of foreign prior art by eliminating the geographic limitations that existed in pre-AIA law. The MPEP states: Under the AIA, a prior public use, sale activity, or other disclosure has no geographic requirement (i.e., need not be in the United States) to qualify as prior art. This means that…
Read MoreWhat is the one-year grace period under AIA 35 U.S.C. 102(b)(1)?
The AIA introduced a one-year grace period for certain disclosures made by or derived from the inventor. This grace period is defined in AIA 35 U.S.C. 102(b)(1). The MPEP explains: AIA 35 U.S.C. 102(b)(1) effectively provides a one-year grace period (grace period) after a first inventor-originated disclosure of an invention (i.e. a disclosure by an…
Read MoreWhat is the significance of the “effectively filed” date under AIA 35 U.S.C. 102(d)?
The concept of “effectively filed” date is crucial for determining whether a U.S. patent document qualifies as prior art under AIA 35 U.S.C. 102(a)(2). The MPEP explains: AIA 35 U.S.C. 102(d) defines “effectively filed” for the purpose of determining whether a particular U.S. patent document is prior art under AIA 35 U.S.C. 102(a)(2) to a…
Read MoreHow does the AIA define “effective filing date”?
The AIA provides a specific definition for the term “effective filing date” in 35 U.S.C. 100(i)(1). According to the MPEP: The AIA defines the term “effective filing date” for a claimed invention in a patent or application for patent (other than a reissue application or reissued patent) in 35 U.S.C. 100(i)(1) as meaning the earlier…
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