How does the language of publication affect WIPO applications as prior art under AIA?
Under the AIA, the language of publication does not affect the status of WIPO published applications as prior art. This is a significant change from the pre-AIA law. The MPEP states: Thus, under the AIA, WIPO publications of PCT applications that designate the United States are treated as U.S. patent application publications for prior art…
Read MoreHow are WIPO published applications treated under AIA 35 U.S.C. 102(a)(2)?
Under the AIA, WIPO published applications that designate the United States are treated as U.S. patent application publications for prior art purposes. This treatment applies regardless of: The international filing date Whether they are published in English Whether the PCT international application enters the national stage in the United States The MPEP states: The WIPO…
Read MoreWhat types of documents are considered “U.S. patent documents” under the AIA 35 U.S.C. 102(b)(2)(A) exception?
According to the MPEP, “U.S. patent documents” under the AIA 35 U.S.C. 102(b)(2)(A) exception include: U.S. patents U.S. patent application publications WIPO published applications The MPEP specifically states: This exception limits the use of an inventor’s own work as prior art, when the inventor’s own work is disclosed in a U.S. patent, U.S. patent application…
Read MoreWhat qualifies as prior art under AIA 35 U.S.C. 102(a)(2)?
Under AIA 35 U.S.C. 102(a)(2), the following qualify as prior art: U.S. patents U.S. patent application publications WIPO published applications that designate the United States The MPEP specifies: Accordingly, a U.S. patent, a U.S. patent application publication, or a WIPO published application that names another inventor and was effectively filed before the effective filing date…
Read MoreWhat types of documents qualify as prior art under AIA 35 U.S.C. 102(a)(2)?
Under AIA 35 U.S.C. 102(a)(2), three types of patent documents qualify as prior art as of their effective filing date, provided they name another inventor: U.S. patents U.S. patent application publications Certain WIPO published applications As stated in the MPEP, These documents are referred to collectively as “U.S. patent documents.” It’s important to note that…
Read MoreDoes a PCT application need to enter the national stage in the U.S. to be prior art under AIA?
No, a PCT application does not need to enter the national stage in the United States to be considered prior art under the AIA. The MPEP clearly states: Thus, under the AIA, WIPO publications of PCT applications that designate the United States are treated as U.S. patent application publications for prior art purposes, regardless of…
Read MoreWhat is the effect of non-English WIPO publications under pre-AIA 35 U.S.C. 102(e)?
Non-English WIPO publications have a specific treatment under pre-AIA 35 U.S.C. 102(e). The MPEP clearly states: “All references, whether the WIPO publication, the U.S. patent application publication or the U.S. patent, of an international application (IA) that was filed on or after November 29, 2000, but was not published in English under PCT Article 21(2)…
Read MoreHow are foreign patent applications treated as prior art under 35 U.S.C. 102(e)?
Foreign patent applications are not considered prior art under 35 U.S.C. 102(e). The MPEP states: “Note that a foreign patent application publication, including WIPO publications of international applications, may have an earlier prior art date under 35 U.S.C. 102(a) than under 35 U.S.C. 102(e).” This means that while foreign patent applications can be used as…
Read MoreWhat is the effective prior art date for WIPO publications of international applications?
The effective prior art date for WIPO publications of international applications depends on the specific subsection of 35 U.S.C. 102 being applied. According to MPEP 2127: “A WIPO publication of an international application that designates but does not originate in the U.S. is effective as prior art under 35 U.S.C. 102(e) as of the date…
Read MoreWhat is the effective date for WIPO published applications to be considered prior art under AIA?
The effective date for WIPO published applications to be considered prior art under the AIA is linked to the implementation of the first inventor to file (FITF) provisions. The MPEP section begins with an important note: [Editor Note: This MPEP section is only applicable to applications subject to examination under the first inventor to file…
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