Can a U.S. patent document with common inventors still qualify as prior art?
Yes, a U.S. patent document can still qualify as prior art under AIA 35 U.S.C. 102(a)(2) even if it has common inventors with the application under examination or patent under reexamination. MPEP 2154.01(c) states: “Even if there are one or more joint inventors in common in a U.S. patent document and the later-filed application under…
Read MoreWhat does “names another inventor” mean in AIA 35 U.S.C. 102(a)(2)?
The phrase “names another inventor” in AIA 35 U.S.C. 102(a)(2) refers to the requirement that for a U.S. patent document to qualify as prior art, there must be a difference in inventive entity between the prior art document and the application under examination or patent under reexamination. As stated in MPEP 2154.01(c): “This means that…
Read MoreHow does joint inventorship affect the “names another inventor” requirement?
In cases of joint inventorship, the “names another inventor” requirement under AIA 35 U.S.C. 102(a)(2) is satisfied even if only one joint inventor is different between the prior art document and the application under examination. MPEP 2154.01(c) clarifies: “Thus, in the case of joint inventors, only one joint inventor needs to be different for the…
Read MoreAre there any exceptions to the “names another inventor” requirement in AIA 35 U.S.C. 102(a)(2)?
While the “names another inventor” requirement is a key aspect of AIA 35 U.S.C. 102(a)(2), there are exceptions that may prevent a U.S. patent document from being used as prior art even if it names another inventor. MPEP 2154.01(c) mentions: “Even if there are one or more joint inventors in common in a U.S. patent…
Read MoreWhat types of documents can qualify as prior art under AIA 35 U.S.C. 102(a)(2)?
Under AIA 35 U.S.C. 102(a)(2), several types of U.S. patent documents can qualify as prior art. According to MPEP 2154.01(c), these include: U.S. patents U.S. patent application publications WIPO published applications The MPEP states: “To qualify as prior art under AIA 35 U.S.C. 102(a)(2), the prior art U.S. patent, U.S. patent application publication, or WIPO…
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