How does pre-AIA 35 U.S.C. 104 affect military personnel serving abroad?
Pre-AIA 35 U.S.C. 104 provides specific rights for military personnel serving abroad. The law states:
“If an invention was made by a person, civil or military— (A) while domiciled in the United States, and serving in any other country in connection with operations by or on behalf of the United States, (B) while domiciled in a NAFTA country and serving in another country in connection with operations by or on behalf of that NAFTA country, or (C) while domiciled in a WTO member country and serving in another country in connection with operations by or on behalf of that WTO member country, that person shall be entitled to the same rights of priority in the United States with respect to such invention as if such invention had been made in the United States, that NAFTA country, or that WTO member country, as the case may be.”
This provision ensures that military personnel serving abroad are not disadvantaged in terms of establishing priority dates for their inventions, treating their inventions as if they were made in their home country (US, NAFTA, or WTO member country).
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