What 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 the AIA affect the interpretation of public use and on-sale bar?
The America Invents Act (AIA) has introduced changes to the interpretation of public use and on-sale bar. The MPEP 2133.03(e)(2) notes: “This MPEP section may be 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).” For a detailed discussion…
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 MoreCan an examiner request information about public use or sale of an invention?
Can an examiner request information about public use or sale of an invention? Yes, an examiner can request information about public use or sale of an invention. The MPEP 704.11 states: “Dates and details of public use or sale.” This information is crucial for determining the novelty and non-obviousness of the invention. Examiners may request:…
Read MoreWhat is a statutory bar in the context of MPEP 715.01(d)?
While MPEP 715.01(d) doesn’t explicitly define a statutory bar, it mentions it as an exception to when certain rejections can be overcome. The section states: “Unless it is a statutory bar, a rejection under pre-AIA 35 U.S.C. 102 or 103 based on an activity showing that the claimed invention was used or known prior to…
Read More