What is pre-AIA 35 U.S.C. 102(g) and how does it affect patent applications?
Pre-AIA 35 U.S.C. 102(g) is a provision in patent law that bars the issuance of a patent when another inventor made the same invention in the United States before the applicant and had not abandoned, suppressed, or concealed it. This section primarily applies to patent applications filed before March 16, 2013, which are not subject to the America Invents Act (AIA).
According to the MPEP, Pre-AIA 35 U.S.C. 102(g) bars the issuance of a patent where another made the invention in the United States before the inventor and had not abandoned, suppressed, or concealed it. This section of pre-AIA 35 U.S.C. 102 forms a basis for interference practice.
(MPEP 2138)
It’s important to note that this provision has limited applicability to applications subject to examination under the first inventor to file (FITF) provisions of the AIA. Patent examiners and attorneys should refer to MPEP § 2159 et seq. to determine whether an application is subject to examination under the FITF provisions.
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