What does “in this country” mean in pre-AIA 35 U.S.C. 102(b)?
The phrase “in this country” in pre-AIA 35 U.S.C. 102(b) refers specifically to the United States and its territories. According to the MPEP: “The language ‘in this country’ in pre-AIA 35 U.S.C. 102(b) does not include other WTO or NAFTA member countries, but includes any State of the United States, the District of Columbia, and…
Read MoreHow does the AIA change the territorial scope of prior art?
The America Invents Act (AIA) significantly changed the territorial scope of prior art compared to pre-AIA law. The MPEP 2133.03(d) notes: “This MPEP section is not 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).” Key changes in the…
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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