What is Pre-AIA 35 U.S.C. 102(d) and when does it apply?
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.
Pre-AIA 35 U.S.C. 102(d) is a provision of patent law that establishes statutory bars against granting a patent in the United States under certain conditions related to foreign patents or inventor’s certificates. It’s important to note that this provision is not applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA.
As stated in the MPEP:
To determine if an application is subject to pre-AIA 35 U.S.C. 102(d), refer to MPEP § 2159 et seq. For applications subject to FITF provisions, refer to MPEP § 2150 et seq.