What is the effect of non-English WIPO publications under pre-AIA 35 U.S.C. 102(e)?

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.

Non-English WIPO publications have a specific treatment under pre-AIA 35 U.S.C. 102(e). The MPEP clearly states:

“All references, whether the WIPO publication, the U.S. patent application publication or the U.S. patent, of an international application (IA) that was filed on or after November 29, 2000, but was not published in English under PCT Article 21(2) have no 35 U.S.C. 102(e) prior art date at all.”

This means that international applications published by WIPO in a language other than English cannot be used as prior art under pre-AIA 35 U.S.C. 102(e), regardless of whether they entered the national stage. However, these references may still be applied under pre-AIA 35 U.S.C. 102(a) or (b) based on their publication dates.