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 is the key difference between pre-AIA 35 U.S.C. 102(a) and AIA 35 U.S.C. 102(a)(1)?
The key difference between pre-AIA 35 U.S.C. 102(a) and AIA 35 U.S.C. 102(a)(1) is the requirement of prior art being “by others.” As stated in the MPEP: “A key difference between pre-AIA 35 U.S.C. 102(a) and AIA 35 U.S.C. 102(a)(1) is the requirement in pre-AIA 35 U.S.C. 102(a) that the prior art relied on was…
Read MoreHow does the AIA change the treatment of prior art compared to pre-AIA law?
The AIA significantly changes how prior art is treated compared to pre-AIA law: Focus on effective filing date: AIA 35 U.S.C. 102(a)(1) and (a)(2) refer to activities occurring “before the effective filing date of the claimed invention” rather than the invention date. Elimination of swearing behind: The MPEP states, As a result, it is no…
Read MoreWhat is the difference between AIA 35 U.S.C. 102(b)(2)(C) and pre-AIA 35 U.S.C. 103(c)?
While both AIA 35 U.S.C. 102(b)(2)(C) and pre-AIA 35 U.S.C. 103(c) deal with common ownership, there are significant differences between them. According to MPEP 2154.02(c): “If the provisions of AIA 35 U.S.C. 102(b)(2)(C) are met, a U.S. patent document that might otherwise qualify as prior art under AIA 35 U.S.C. 102(a)(2) is not available as…
Read MoreWhat is the main difference between AIA 35 U.S.C. 103 and pre-AIA 35 U.S.C. 103?
The most significant difference between AIA 35 U.S.C. 103 and pre-AIA 35 U.S.C. 103(a) is the timing of the obviousness determination. As stated in the MPEP: “AIA 35 U.S.C. 103 determines obviousness before the effective filing date of the claimed invention, rather than as of the time that the claimed invention was made.“ This change…
Read MoreHow does the AIA treat foreign prior art?
The AIA significantly changed the treatment of foreign prior art by eliminating the geographic limitations that existed in pre-AIA law. The MPEP states: Under the AIA, a prior public use, sale activity, or other disclosure has no geographic requirement (i.e., need not be in the United States) to qualify as prior art. This means that…
Read MoreHow does AIA treat secret prior art in granted patents?
How does AIA treat secret prior art in granted patents? The America Invents Act (AIA) has changed the treatment of secret prior art in granted patents. According to MPEP 2152.02(a): “This results in the patented file contents and prosecution history also being available as prior art as of the date of patent grant.” This means…
Read MoreHow does the AIA change the geographic limitations on prior art?
The America Invents Act (AIA) removed geographic limitations on prior art that existed under pre-AIA law. Specifically: Public use and on sale activities are no longer limited to those occurring “in this country” Prior art is now considered regardless of where in the world it occurs As stated in the MPEP regarding public use: “Under…
Read MoreHow does the AIA define “public use” for patent purposes?
How does the AIA define “public use” for patent purposes? The America Invents Act (AIA) provides a specific definition of “public use” for patent purposes. According to MPEP 2152.02(c): “Under AIA 35 U.S.C. 102(a)(1), a person shall be entitled to a patent unless the claimed invention was in public use before the effective filing date…
Read MoreDoes AIA 35 U.S.C. 102(a)(1) require prior art to be by others?
No, AIA 35 U.S.C. 102(a)(1) does not require prior art to be by others. The MPEP clearly states: “Under AIA 35 U.S.C. 102(a)(1), there is no requirement that the prior art relied upon be by others. Thus, any prior art which falls under AIA 35 U.S.C. 102(a)(1) need not be by another to constitute potentially…
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