How does the AIA treat foreign prior art?
The AIA significantly changed the treatment of foreign prior art by eliminating the geographic limitations that existed in pre-AIA law. The MPEP states:
Under the AIA, a prior public use, sale activity, or other disclosure has no geographic requirement (i.e., need not be in the United States) to qualify as prior art.
This means that public uses, sales, or other disclosures that occur anywhere in the world can now be considered prior art under AIA 35 U.S.C. 102(a)(1). Additionally, foreign patent applications can serve as prior art under AIA 35 U.S.C. 102(a)(2) as of their earliest priority date, regardless of language or country of origin, if they designate the United States.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2151 - Overview Of The Changes To 35 U.S.C. 102 And 103 In The Aia,
Patent Law,
Patent Procedure