What types of documents are considered “U.S. patent documents” under the AIA 35 U.S.C. 102(b)(2)(A) exception?
According to the MPEP, “U.S. patent documents” under the AIA 35 U.S.C. 102(b)(2)(A) exception include: U.S. patents U.S. patent application publications WIPO published applications The MPEP specifically states: This exception limits the use of an inventor’s own work as prior art, when the inventor’s own work is disclosed in a U.S. patent, U.S. patent application…
Read MoreIs there a grace period limitation for the AIA 35 U.S.C. 102(b)(2)(A) exception?
No, there is no grace period limitation for the AIA 35 U.S.C. 102(b)(2)(A) exception. The MPEP clearly states: In other words, there is no grace period limitation to the applicability of the 35 U.S.C. 102(b)(2)(A) exception. This means that the exception can apply regardless of when the U.S. patent document was published or filed. The…
Read MoreHow can an applicant establish that a disclosure is not prior art under AIA 35 U.S.C. 102(a)(2)?
An applicant can establish that a disclosure is not prior art under AIA 35 U.S.C. 102(a)(2) by using an affidavit or declaration. The MPEP states: Thus, if the subject matter in a U.S. patent document upon which the rejection is based is by another who obtained the subject matter from the inventor or a joint…
Read MoreHow does the AIA 35 U.S.C. 102(b)(2)(A) exception differ from pre-AIA patent law?
The AIA 35 U.S.C. 102(b)(2)(A) exception is part of the America Invents Act (AIA), which made significant changes to U.S. patent law. This exception is specifically applicable to applications subject to the first inventor to file (FITF) provisions of the AIA. The MPEP notes: [Editor Note: This MPEP section is only applicable to applications subject…
Read MoreHow does the AIA 35 U.S.C. 102(b)(2)(A) exception apply to U.S. patent documents?
The AIA 35 U.S.C. 102(b)(2)(A) exception applies broadly to U.S. patent documents. According to the MPEP: The 35 U.S.C. 102(b)(2)(A) exception may possibly apply to any U.S. patent document, regardless of its potential prior art date under 35 U.S.C. 102(a)(2). In other words, there is no grace period limitation to the applicability of the 35…
Read MoreWhat is the AIA 35 U.S.C. 102(b)(2)(A) exception?
The AIA 35 U.S.C. 102(b)(2)(A) exception is a provision in patent law that provides an exception to the prior art provisions of AIA 35 U.S.C. 102(a)(2). As stated in the MPEP: AIA 35 U.S.C. 102(b)(2)(A) provides an exception to the prior art provisions of AIA 35 U.S.C. 102(a)(2). This exception limits the use of an…
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