How does the USPTO treat admissions under the AIA?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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 United States Patent and Trademark Office (USPTO) continues to treat admissions by applicants as prior art under the America Invents Act (AIA). This approach is consistent with pre-AIA practice. According to MPEP 2152.03 : “ The Office will continue to treat admissions by the applicant as prior art under the AIA. ” This means that any statement by an applicant identifying another’s work as prior art can be used in examining the patent application, regardless of whether that work would qualify as prior art under the AIA’s statutory provisions. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Admissions by Applicant Are Prior Art MPEP 2152.03 Admissions by Applicant Are Considered Prior Art MPEP 2152.03 Permitted Admission of Prior Art by Applicant MPEP 2152.03 Definition of Prior Art Under AIA 35 U.S.C. 102(a) MPEP 2152 Definition of Prior Art Under AIA 35 U.S.C. 102(a) MPEP 2152 Exceptions to Prior Art Under AIA 102(b) MPEP 2152 Prohibited Changes to Prior Art Under AIA 35 U.S.C. 102 MPEP 2152 Categories of Prior Art Documents and Activities MPEP 2152 U.S. Patent Documents Only for Prior Art Rejection Under AIA 102(a)(2) MPEP 2152 Permitted Requirement for Prior Art Documents Under AIA 102(a) MPEP 2152 Other Related FAQs 5 FAQs Collapse How do admissions affect anticipation and obviousness determinations? What are admissions in patent law? What is the difference between FITF and pre-AIA applications regarding admissions? What is the legal basis for using admissions as prior art? What is the significance of the effective filing date in patent examination?