What types of documents can qualify as prior art under AIA 35 U.S.C. 102(a)(2)?
Under AIA 35 U.S.C. 102(a)(2), several types of U.S. patent documents can qualify as prior art. According to MPEP 2154.01(c), these include: U.S. patents U.S. patent application publications WIPO published applications The MPEP states: “To qualify as prior art under AIA 35 U.S.C. 102(a)(2), the prior art U.S. patent, U.S. patent application publication, or WIPO…
Read MoreHow does the treatment of WIPO published applications differ under AIA compared to pre-AIA?
The treatment of WIPO published applications as prior art differs significantly under the AIA compared to pre-AIA law: Under AIA: All WIPO published applications designating the U.S. are treated as prior art, regardless of filing date, language, or national stage entry. Under pre-AIA: WIPO published applications had more restrictions to be considered prior art. The…
Read MoreHow are international patent applications considered as prior art in the U.S.?
International patent applications can be considered as prior art in the U.S. under specific conditions. MPEP 901.03 states: “A U.S. patent application publication of a National Stage application and a WIPO publication of an international application under PCT Article 21(2) are considered to be prior art under pre-AIA 35 U.S.C. 102(e) as of the international…
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