How does the language of publication affect WIPO applications as prior art under AIA?
Under the AIA, the language of publication does not affect the status of WIPO published applications as prior art. This is a significant change from the pre-AIA law. The MPEP states:
Thus, under the AIA, WIPO publications of PCT applications that designate the United States are treated as U.S. patent application publications for prior art purposes, regardless of the international filing date, whether they are published in English, or whether the PCT international application enters the national stage in the United States.
This means that WIPO published applications in any language can be used as prior art under AIA 35 U.S.C. 102(a)(2). This change broadens the scope of prior art and may require patent practitioners to consider non-English WIPO publications in their patentability assessments.
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