What countries are considered for establishing a date of invention under pre-AIA 35 U.S.C. 104?

Under pre-AIA 35 U.S.C. 104, an applicant or patentee can establish a date of invention by referencing knowledge, use, or other activity in the United States, NAFTA countries, or WTO member countries. The MPEP states:

“Under 37 CFR 1.131(a), which provides for the establishment of a date of completion of the invention in a NAFTA or WTO member country, as well as in the United States, the applicant or patent owner can establish a date of completion in a NAFTA member country on or after December 8, 1993, […] and can establish a date of completion in a WTO member country other than a NAFTA member country on or after January 1, 1996.”

It’s important to note that this provision applies to pre-AIA applications and is not applicable to applications subject to the first inventor to file provisions of the AIA unless being relied upon to overcome a rejection under pre-AIA 35 U.S.C. 102(g).

To learn more:

• pre-AIA
• date of invention
• NAFTA
• WTO
• 37 CFR 1.131(a)

To learn more:

• 37 CFR 1.131(a)