How does the AIA change the geographic limitations on prior art?
The America Invents Act (AIA) removed geographic limitations on prior art that existed under pre-AIA law. Specifically:
- Public use and on sale activities are no longer limited to those occurring “in this country”
- Prior art is now considered regardless of where in the world it occurs
As stated in the MPEP regarding public use:
“Under AIA 35 U.S.C. 102(a)(1), there is no geographic limitation on where prior public use or public availability occurs.”
Similarly, for on sale activity:
“Under AIA 35 U.S.C. 102(a)(1), there is no geographic limitation on where the sale or offer for sale may occur. When formulating a rejection, Office personnel should consider evidence of sales activity, regardless of where the sale activity took place.”
This change expands the scope of prior art that can be considered when examining patent applications under the AIA.
To learn more:
Topics:
Described In A Printed Publication,
MPEP 2100 - Patentability,
MPEP 2152.02 - Prior Art Under Aia 35 U.S.C. 102(A)(1) (Patented,
On Sale,
Or In Public Use,
Or Otherwise Available To The Public),
Patent Law,
Patent Procedure