How 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 the AIA’s global view of prior art differ from pre-AIA law?
The AIA introduced a significant change by adopting a global view of prior art, which differs from the pre-AIA law’s more limited geographical scope. The MPEP explicitly states: “The AIA adopts a global view of prior art disclosures and thus does not require that a public use or sale activity be ‘in this country’ to…
Read MoreHow does the AIA change the territorial scope of prior art?
The America Invents Act (AIA) significantly changed the territorial scope of prior art compared to pre-AIA law. The MPEP 2133.03(d) notes: “This MPEP section is not applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note).” Key changes in the…
Read MoreHow has the AIA changed the definition of prior art compared to pre-AIA law?
The America Invents Act (AIA) introduced several significant changes to the definition of prior art compared to pre-AIA law: Effective filing date: The MPEP states, “the availability of a U.S. patent document as prior art to a claimed invention is measured from the effective filing date of the claimed invention as defined in 35 U.S.C.…
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