How does the “in this country” limitation apply to Pre-AIA 35 U.S.C. 102(a)?
The “in this country” limitation in Pre-AIA 35 U.S.C. 102(a) applies specifically to the “known or used” clause of the statute. The MPEP clarifies:
“The knowledge or use relied on must be knowledge or use ‘in this country.’ Prior knowledge or use which is not present in the United States, even if widespread in a foreign country, cannot be the basis of a rejection under pre-AIA 35 U.S.C. 102(a).”
This means that for prior art to be considered under the “known or used” provision, the knowledge or use must have occurred within the United States. However, it’s important to note that this geographical limitation does not apply to printed publications or patents. A printed publication or patent from anywhere in the world can still be used as prior art under this section if it meets the other criteria.
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