How does the AIA change the geographic limitations on prior art?
The America Invents Act (AIA) removed geographic limitations on prior art that existed under pre-AIA law. Specifically: Public use and on sale activities are no longer limited to those occurring “in this country” Prior art is now considered regardless of where in the world it occurs As stated in the MPEP regarding public use: “Under…
Read MoreHow does the AIA’s “on sale” provision differ from pre-AIA law?
While the AIA’s “on sale” provision is largely interpreted similarly to pre-AIA law, there are some key differences. The MPEP highlights two main distinctions: Geographic limitations: “Under AIA 35 U.S.C. 102(a)(1), there is no geographic limitation on where the sale or offer for sale may occur.” This contrasts with pre-AIA law, which limited “on sale”…
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