What types of U.S. patent documents are considered prior art under AIA 35 U.S.C. 102(a)(2)?
Under AIA 35 U.S.C. 102(a)(2), three types of U.S. patent documents are considered prior art as of their effective filing date if they name another inventor: U.S. patents U.S. patent application publications World Intellectual Property Organization (WIPO) publications of international applications that designate the United States As stated in the MPEP: “AIA 35 U.S.C. 102(a)(2)…
Read MoreHow does the first inventor to file (FITF) provision affect prior art considerations?
The first inventor to file (FITF) provision, introduced by the America Invents Act (AIA), significantly affects prior art considerations. The MPEP section 2154 notes: “[Editor Note: 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…
Read MoreAre there any exceptions to prior art under AIA 35 U.S.C. 102(a)(2)?
Yes, there are exceptions to prior art under AIA 35 U.S.C. 102(a)(2). These exceptions are outlined in 35 U.S.C. 102(b)(2). The MPEP section 2154 states: “See MPEP § 2154.02 et seq. for prior art exceptions under 35 U.S.C. 102(b)(2) to AIA 35 U.S.C. 102(a)(2).“ The exceptions generally fall into three categories: Disclosures made 1 year…
Read MoreWhat is the effective date for prior art under AIA 35 U.S.C. 102(a)(2)?
Under AIA 35 U.S.C. 102(a)(2), the effective date for prior art is the date the patent document was effectively filed. The MPEP states: “AIA 35 U.S.C. 102(a)(2) sets forth three types of U.S. patent documents that are available as prior art as of the date they were effectively filed with respect to the subject matter…
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