How 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 MoreHow does the AIA’s treatment of prior art affect independent inventors?
The AIA’s treatment of prior art has significant implications for independent inventors. Under AIA 35 U.S.C. 102(a)(1), an inventor’s own public disclosures can potentially be used as prior art against their patent application. However, the AIA also provides a grace period: “Disclosures of the subject matter made one year or less before the effective filing…
Read MoreAre there any exceptions to the prior art under AIA 35 U.S.C. 102(a)(1)?
Yes, there are exceptions to what constitutes prior art under AIA 35 U.S.C. 102(a)(1). The MPEP notes: “However, disclosures of the subject matter made one year or less before the effective filing date of the claimed invention by the inventor or a joint inventor or another who obtained the subject matter directly or indirectly from…
Read MoreWhat are the main differences between AIA and pre-AIA patent laws?
The America Invents Act (AIA) introduced significant changes to U.S. patent law. While MPEP 2159 focuses on the applicability of these changes, it’s important to understand the main differences between AIA and pre-AIA laws: First-Inventor-to-File vs. First-to-Invent: AIA introduced the first-inventor-to-file system, replacing the pre-AIA first-to-invent system. Prior Art: AIA expanded the definition of prior…
Read MoreWhat is the one-year grace period under AIA 35 U.S.C. 102(b)(1)?
The AIA introduced a one-year grace period for certain disclosures made by or derived from the inventor. This grace period is defined in AIA 35 U.S.C. 102(b)(1). The MPEP explains: AIA 35 U.S.C. 102(b)(1) effectively provides a one-year grace period (grace period) after a first inventor-originated disclosure of an invention (i.e. a disclosure by an…
Read MoreHow does the AIA’s first-inventor-to-file system affect grace period disclosures?
The America Invents Act (AIA) introduced the first-inventor-to-file system, which significantly impacts how grace period disclosures are treated. Under this system, the MPEP section 2155.03 is specifically applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA. The MPEP notes: [Editor Note: This MPEP section is only applicable…
Read MoreHow does the AIA affect the on-sale bar in patent law?
The America Invents Act (AIA) made significant changes to the on-sale bar in patent law. According to MPEP 2152.02(d): “The pre-AIA on sale bar is not limited to sales or offers for sale that make the invention available to the public… [Under AIA] the sale must make the invention available to the public.” Key changes…
Read MoreHow does the AIA 35 U.S.C. 102(b)(2)(B) exception differ from the AIA 35 U.S.C. 102(b)(1)(B) exception?
While both exceptions relate to prior public disclosures by inventors, there are key differences: AIA 35 U.S.C. 102(b)(1)(B) applies to disclosures made within the grace period (1 year before the effective filing date). AIA 35 U.S.C. 102(b)(2)(B) has no grace period limitation and can apply to any U.S. patent document, regardless of its potential prior…
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 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)…
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