What are the requirements for a WIPO published application to be considered prior art under AIA 35 U.S.C. 102(a)(2)?
For a WIPO published application to be considered prior art under AIA 35 U.S.C. 102(a)(2), it must meet specific requirements. According to MPEP 2154.01(a): “AIA 35 U.S.C. 102(a)(2) sets forth three descriptions of U.S. patent documents that are available as prior art as of the date they were effectively filed with respect to the subject…
Read MoreWhat qualifies as prior art under AIA 35 U.S.C. 102(a)(2)?
Under AIA 35 U.S.C. 102(a)(2), the following qualify as prior art: U.S. patents U.S. patent application publications WIPO published applications that designate the United States The MPEP specifies: Accordingly, a U.S. patent, a U.S. patent application publication, or a WIPO published application that names another inventor and was effectively filed before the effective filing date…
Read MoreHow does the description requirement differ between 35 U.S.C. 112(a) and AIA 35 U.S.C. 102(a)(1) or (a)(2)?
There is an important distinction between the description requirements of 35 U.S.C. 112(a) and AIA 35 U.S.C. 102(a)(1) or (a)(2): For 35 U.S.C. 112(a): “It is necessary that the specification describe and enable the entire scope of the claimed invention.” For AIA 35 U.S.C. 102(a)(1) or (a)(2): “The prior art document need only describe and…
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