How does the “in this country” limitation apply to Pre-AIA 35 U.S.C. 102(a)?
The “in this country” limitation in Pre-AIA 35 U.S.C. 102(a) applies specifically to the “known or used” clause of the statute. The MPEP clarifies: “The knowledge or use relied on must be knowledge or use ‘in this country.’ Prior knowledge or use which is not present in the United States, even if widespread in a…
Read MoreWhat 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 is the difference between AIA and pre-AIA patent law regarding “in this country”?
The concept of “in this country” differs significantly between the America Invents Act (AIA) and pre-AIA patent law: Pre-AIA: The “in this country” requirement was explicitly stated in 35 U.S.C. 102(b), limiting the public use and on-sale bars to activities within the United States and its territories. AIA: The AIA removed the “in this country”…
Read MoreHow does 35 U.S.C. 105 relate to the “in this country” requirement in pre-AIA patent law?
35 U.S.C. 105 is relevant to the “in this country” requirement in pre-AIA patent law as it expands the definition of U.S. territory for certain patent law purposes. The MPEP 2133.03(d) mentions this connection: “See also 35 U.S.C. 105.” 35 U.S.C. 105 states that inventions made, used, or sold in outer space on a “space…
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