What is considered “patented” under AIA 35 U.S.C. 102(a)(1)?
Under AIA 35 U.S.C. 102(a)(1), “patented” refers to a prior patent that discloses the claimed invention before the effective filing date of the current application. The MPEP states: “AIA 35 U.S.C. 102(a)(1) indicates that a prior patent of a claimed invention will preclude the grant of a subsequent patent on the claimed invention.” This means…
Read MoreWhen does a patent become prior art under AIA 35 U.S.C. 102(a)(1)?
Under AIA 35 U.S.C. 102(a)(1), a patent generally becomes prior art on its grant date. The MPEP states: “The effective date of the patent for purposes of determining whether the patent qualifies as prior art under AIA 35 U.S.C. 102(a)(1) is the grant date of the patent.” However, there’s an exception for secret patents: “There…
Read MoreWhat is the significance of the patent grant date for prior art under AIA?
What is the significance of the patent grant date for prior art under AIA? Under the America Invents Act (AIA), the patent grant date is crucial for determining prior art status. According to MPEP 2152.02(a), “Once a patent is granted, the right to exclude granted by a patent no longer requires that a patent application…
Read MoreHow does AIA 35 U.S.C. 102(a)(1) treat non-claimed subject matter in a patent?
Under AIA 35 U.S.C. 102(a)(1), even subject matter described but not claimed in a patent can be considered prior art. The MPEP states: “Although an invention may be described in a patent and not claimed therein, the grant date would also be the applicable prior art date for purposes of relying on the subject matter…
Read MoreWhat’s the difference between AIA 35 U.S.C. 102(a)(1) and 102(a)(2) regarding patents as prior art?
The main difference between AIA 35 U.S.C. 102(a)(1) and 102(a)(2) lies in the timing and nature of the patent documents considered as prior art. The MPEP notes: “Note that a U.S. patent that issues after the effective filing date of a claimed invention and is not available as prior art against that invention under AIA…
Read MoreHow does AIA treat secret prior art in granted patents?
How does AIA treat secret prior art in granted patents? The America Invents Act (AIA) has changed the treatment of secret prior art in granted patents. According to MPEP 2152.02(a): “This results in the patented file contents and prosecution history also being available as prior art as of the date of patent grant.” This means…
Read MoreWhat is the difference between pre-AIA and AIA treatment of patent prior art?
What is the difference between pre-AIA and AIA treatment of patent prior art? The America Invents Act (AIA) introduced significant changes to how patent prior art is treated compared to the pre-AIA system. The MPEP 2152.02(a) highlights a key difference: “The AIA draws no distinction between patents and published patent applications as prior art.” This…
Read MoreHow does the AIA’s first-inventor-to-file system affect the interpretation of “patented” under 35 U.S.C. 102(a)(1)?
The America Invents Act (AIA) introduced the first-inventor-to-file system, which significantly impacts the interpretation of “patented” under 35 U.S.C. 102(a)(1). The MPEP notes: “[This MPEP section] is only applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note). See MPEP…
Read More