How does the AIA’s public use provision differ from pre-AIA law?
The AIA’s public use provision under 35 U.S.C. 102(a)(1) differs from pre-AIA law in several key aspects: Geographic Scope: AIA removed the “in this country” limitation, making public uses anywhere in the world relevant. Timing: AIA focuses on the effective filing date, while pre-AIA used a critical date one year prior to the U.S. application…
Read MoreWhat are the exceptions to prior art under AIA 35 U.S.C. 102(b)?
AIA 35 U.S.C. 102(b) provides exceptions to what would otherwise be considered prior art under AIA 35 U.S.C. 102(a). These exceptions are divided into two categories: AIA 35 U.S.C. 102(b)(1): Exceptions to prior art defined in 102(a)(1) AIA 35 U.S.C. 102(b)(2): Exceptions to prior art defined in 102(a)(2) The MPEP states: “AIA 35 U.S.C. 102(b)…
Read MoreWhat is the significance of AIA 35 U.S.C. 102(b) in relation to disclosures?
AIA 35 U.S.C. 102(b) plays a crucial role in determining whether certain disclosures qualify as prior art. According to MPEP 2152.04: “AIA 35 U.S.C. 102(b)(1) and (b)(2), however, each state conditions under which a “disclosure” that otherwise falls within AIA 35 U.S.C. 102(a)(1) or 102(a)(2) is not prior art under AIA 35 U.S.C. 102(a)(1) or…
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