How does the “in this country” limitation apply to Pre-AIA 35 U.S.C. 102(a)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Prior Knowledge or Use Outside the U.S. Cannot Invalidate Pre-AIA Patentability MPEP 2132 Prohibited In This Country Means United States Only for Pre-AIA 102(a) Rejections MPEP 2132 Definition of Others for Prior Art References MPEP 2132 Public Knowledge Or Use Must Be Accessible MPEP 2132 Pre-AIA 102(a) Knowledge Must Be In U.S. MPEP 2132 Required Other Entities Can Create Prior Art MPEP 2132 Knowledge Accessible to Public Is Prior Art MPEP 2132 Entity Must Differ by One Person to Be Considered 'By Others' MPEP 2132 Novelty Requires Public Knowledge or Use MPEP 2132 Check for FITF Provision Compliance MPEP 2132 Other Related FAQs 5 FAQs Collapse What is the significance of the &#8220;by others&#8221; requirement in Pre-AIA 35 U.S.C. 102(a)? How does commercial use affect public use under pre-AIA 35 U.S.C. 102(a)? What is t...