How 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…
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…
Read MoreWhat is the difference between AIA 35 U.S.C. 102(a)(1) and 102(a)(2) prior art?
AIA 35 U.S.C. 102(a)(1) and 102(a)(2) define two different categories of prior art: 35 U.S.C. 102(a)(1) covers disclosures available to the public before the effective filing date of the claimed invention. This includes patents, printed publications, public use, on sale, or otherwise available to the public. 35 U.S.C. 102(a)(2) covers U.S. patents, U.S. patent application…
Read MoreWhat are the main categories of prior art under AIA 35 U.S.C. 102(a)?
Under AIA 35 U.S.C. 102(a), there are two main categories of prior art: AIA 35 U.S.C. 102(a)(1): This includes documents and activities such as issued patents, published applications, non-patent printed publications, public use, sale, or other public availability of the claimed invention. AIA 35 U.S.C. 102(a)(2): This specifically covers U.S. patent documents. The MPEP states:…
Read MoreWhat determines if an application is subject to AIA 35 U.S.C. 102 and 103?
An application is subject to AIA 35 U.S.C. 102 and 103 if it: Contains or contained at any time a claim to a claimed invention with an effective filing date on or after March 16, 2013, or Claims or ever claimed the benefit of an earlier filing date under 35 U.S.C. 120, 121, or 365…
Read MoreHow does AIA 35 U.S.C. 102(d) differ from the Hilmer doctrine?
AIA 35 U.S.C. 102(d) eliminates the Hilmer doctrine, which was applicable under pre-AIA law. The key differences are: Under the Hilmer doctrine, the effective filing date for U.S. patents as prior art was limited to their earliest U.S. filing date. Under AIA 35 U.S.C. 102(d), a U.S. patent document can have an effective filing date…
Read MoreWhen does the AIA 35 U.S.C. 102(b)(2)(C) exception not remove a U.S. patent document as prior art?
The AIA 35 U.S.C. 102(b)(2)(C) exception does not always remove a U.S. patent document as prior art. According to MPEP 2154.02(c): “The AIA 35 U.S.C. 102(b)(2)(C) exception does not apply to a disclosure that qualifies as prior art under AIA 35 U.S.C. 102(a)(1) (disclosures made before the effective filing date of the claimed invention). Thus,…
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