What is considered “patented” under AIA 35 U.S.C. 102(a)(1)?
Under AIA 35 U.S.C. 102(a)(1), “patented” refers to a prior patent that discloses the claimed invention before the effective filing date of the current application. The MPEP states:
“AIA 35 U.S.C. 102(a)(1) indicates that a prior patent of a claimed invention will preclude the grant of a subsequent patent on the claimed invention.”
This means that if an invention was patented in the U.S. or a foreign country before the effective filing date of the claimed invention, it can prevent the grant of a new patent on that invention.
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Topics:
MPEP 2100 - Patentability,
MPEP 2152.02(A) - Patented,
Patent Law,
Patent Procedure