What is the difference between AIA and pre-AIA patent law regarding “in this country”?
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 concept of “in this country” differs significantly between the America Invents Act (AIA) and pre-AIA patent law:
Pre-AIA: The “in this country” requirement was explicitly stated in 35 U.S.C. 102(b), limiting the public use and on-sale bars to activities within the United States and its territories.
AIA: The AIA removed the “in this country” limitation. As stated in the MPEP:
“This MPEP section is not applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note).”
Under the AIA, public use or sales anywhere in the world can potentially bar patentability. This change aligns U.S. patent law more closely with international standards.
For detailed guidance on AIA applications, the MPEP directs readers to:
- MPEP § 2159 et seq. for determining if an application is subject to AIA provisions
- MPEP § 2150 et seq. for examining AIA applications
- MPEP § 2152.02(c) through (e) for discussion of public use and on-sale provisions under AIA