How does the MPEP define a “patent” for prior art purposes under 35 U.S.C. 102?
The MPEP 2126 provides a specific definition for what constitutes a “patent” in the context of prior art rejections under 35 U.S.C. 102. It states: “The term ‘patent’ as used in 35 U.S.C. 102(a) or pre-AIA 35 U.S.C. 102(a), (b), and (d) includes utility models, inventor’s certificates, and similar patent rights issued by foreign countries.”…
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