How does pre-AIA 35 U.S.C. 102(e) apply to international applications?
Pre-AIA 35 U.S.C. 102(e) applies to certain international applications as prior art. According to the MPEP, The prior art date of a reference under pre-AIA 35 U.S.C. 102(e) may be the international filing date if the international filing date was on or after November 29, 2000, the international application designated the United States, and the international application was published by the World Intellectual Property Organization (WIPO) under the Patent Cooperation Treaty (PCT) Article 21(2) in the English language.
It’s important to note that international applications filed before November 29, 2000, or those that didn’t designate the U.S., or weren’t published in English under PCT Article 21(2) by WIPO, cannot be used to establish an earlier filing date for prior art purposes under pre-AIA 35 U.S.C. 102(e).
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