How does AIA 35 U.S.C. 102(a)(1) treat non-claimed subject matter in a patent?
Under AIA 35 U.S.C. 102(a)(1), even subject matter described but not claimed in a patent can be considered prior art. The MPEP states: “Although an invention may be described in a patent and not claimed therein, the grant date would also be the applicable prior art date for purposes of relying on the subject matter…
Read MoreIs there a grace period limitation for the AIA 35 U.S.C. 102(b)(2)(A) exception?
No, there is no grace period limitation for the AIA 35 U.S.C. 102(b)(2)(A) exception. The MPEP clearly states: In other words, there is no grace period limitation to the applicability of the 35 U.S.C. 102(b)(2)(A) exception. This means that the exception can apply regardless of when the U.S. patent document was published or filed. The…
Read MoreDoes AIA 35 U.S.C. 102(d) require evaluation of actual entitlement to priority or benefit?
No, AIA 35 U.S.C. 102(d) does not require evaluation of actual entitlement to priority or benefit when determining the effective filing date for prior art purposes. The MPEP clearly states: “As a result of this distinction, the question of whether a patent or published application is actually entitled to priority or benefit with respect to…
Read MoreHow does national stage entry affect the application of pre-AIA or AIA rules for PCT applications?
The national stage entry of a PCT application does not change its status under pre-AIA or AIA rules. The MPEP clearly states: Similarly, a PCT application filed under 35 U.S.C. 363 before March 16, 2013, is subject to pre-AIA 35 U.S.C. 102 and 103, regardless of whether the application enters the national stage under 35…
Read MoreWhat does “names another inventor” mean in AIA 35 U.S.C. 102(a)(2)?
The phrase “names another inventor” in AIA 35 U.S.C. 102(a)(2) refers to the requirement that for a U.S. patent document to qualify as prior art, there must be a difference in inventive entity between the prior art document and the application under examination or patent under reexamination. As stated in MPEP 2154.01(c): “This means that…
Read MoreWhat is the “names another inventor” requirement in AIA 35 U.S.C. 102(a)(2)?
The “names another inventor” requirement is a crucial aspect of AIA 35 U.S.C. 102(a)(2). For a U.S. patent document to qualify as prior art under this provision, it must name at least one inventor who is different from the inventors of the application under examination or patent under reexamination. The MPEP explains: This means that…
Read MoreWhat is the significance of the phrase “names another inventor” in AIA 35 U.S.C. 102(a)(2)?
The phrase “names another inventor” in AIA 35 U.S.C. 102(a)(2) is significant because it determines whether a U.S. patent document can be used as prior art against a later application. The MPEP explains: “If the patent document names another inventor and was effectively filed before the effective filing date of the claimed invention, it is…
Read MoreAre there any more FAQs for MPEP 2159.02?
No more FAQs can be generated from MPEP 2159.02 – Applications Filed on or After March 16, 2013. All relevant information from this section has been covered in the previously generated FAQs. The section is relatively short and focused, and we’ve addressed the key points about the applicability of AIA first inventor to file provisions,…
Read MoreHow does the MPEP 2152.04 apply to first inventor to file (FITF) provisions?
MPEP 2152.04 specifically addresses the meaning of “disclosure” in the context of the first inventor to file (FITF) provisions of the AIA. The section begins with an important note: “[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…
Read MoreWhat is the meaning of “disclosure” in the context of AIA 35 U.S.C. 102?
The term “disclosure” is not explicitly defined in the AIA (America Invents Act), but it is used in the context of prior art exceptions. The USPTO treats “disclosure” as a generic expression encompassing the documents and activities listed in AIA 35 U.S.C. 102(a). According to MPEP 2152.04, this includes: Being patented Described in a printed…
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