What is the relevance of pre-AIA 35 U.S.C. 102(g) in patent law?
Pre-AIA 35 U.S.C. 102(g) is a provision in U.S. patent law that was relevant before the America Invents Act (AIA) came into effect. According to MPEP 2138.02: “Prior art under pre-AIA 35 U.S.C. 102(g) is limited to an invention that is made.” This section of the law was significant because it: Defined what could be…
Read MoreWhat does “The Invention Was Made in This Country” mean in patent law?
The phrase “The Invention Was Made in This Country” refers to a specific requirement in pre-AIA (pre-America Invents Act) U.S. patent law. According to MPEP 2138.02, this requirement is related to prior art under pre-AIA 35 U.S.C. 102(g). The MPEP states: “Subject matter under pre-AIA 35 U.S.C. 102(g) is available only if made in this…
Read MoreHow does the America Invents Act (AIA) affect the “invention made in this country” requirement?
The America Invents Act (AIA) significantly changed the U.S. patent system, including the relevance of where an invention was made. The MPEP 2138.02 notes: “This MPEP section has limited applicability 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).” This…
Read More