What is the geographical limitation of “in this country” in pre-AIA 35 U.S.C. 102(a)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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 MPEP clearly states that “ The knowledge or use relied on in a pre-AIA 35 U.S.C. 102(a) rejection must be knowledge or use ‘in this country.’ ” This means that prior knowledge or use outside the United States, even if widespread in a foreign country, cannot be used as a basis for rejection under pre-AIA 35 U.S.C. 102(a). The MPEP cites the case of In re Ekenstam to support this interpretation. It’s important to note that despite changes made to pre-AIA 35 U.S.C. 104 by NAFTA and the Uruguay Round Agreements Act, the phrase “in this country” in pre-AIA 35 U.S.C. 102(a) still refers only to the United States and does not include other WTO or NAFTA member countries. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Prior Knowledge or Use Outside the U.S. Cannot Invalidate Pre-AIA Patentability MPEP 2132 Prohibited In This Country Means United States Only for Pre-AIA 102(a) Rejections MPEP 2132 Public Knowledge Or Use Must Be Accessible MPEP 2132 Pre-AIA 102(a) Knowledge Must Be In U.S. MPEP 2132 Required Definition of Others for Prior Art References MPEP 2132 Other Entities Can Create Prior Art MPEP 2132 Knowledge Accessible to Public Is Prior Art MPEP 2132 Novelty Requires Public Knowledge or Use MPEP 2132 Check for FITF Provision Compliance MPEP 2132 Secret Process Use Not Public Use MPEP 2132 Prohibited Other Related FAQs 5 FAQs Collapse What is the significance of the &#8220;by others&#8221; requirement in Pre-AIA 35 U.S.C. 102(a)? How does commercial use affect public use under pre-AIA 35 U.S.C. 102(a)? How does the &#8220;in this country&#8221; limitation apply to Pre-AIA 35 U.S.C. 102(a)? Who are considered &#8220;others&#8221; in the context of pre-AIA 35...