What is the geographical limitation of “in this country” in pre-AIA 35 U.S.C. 102(a)?
The MPEP clearly states that “The knowledge or use relied on in a pre-AIA 35 U.S.C. 102(a) rejection must be knowledge or use ‘in this country.’” This means that prior knowledge or use outside the United States, even if widespread in a foreign country, cannot be used as a basis for rejection under pre-AIA 35…
Read MoreWhat should be considered when dealing with foreign applicants or applications?
When dealing with foreign applicants or applications: Ensure foreign clients understand the requirements of the duty of disclosure Review information disclosure statements from foreign applicants carefully Be cautious with translations and partial disclosures of foreign references Consider prior art cited in corresponding foreign applications MPEP 2004 states: “It is also important that an attorney or…
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…
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