What is the significance of NAFTA and WTO member countries in establishing invention dates?
The significance of NAFTA (North American Free Trade Agreement) and WTO (World Trade Organization) member countries in establishing invention dates relates to changes in U.S. patent law that expanded the geographical scope for proving invention dates. According to MPEP 2138.02:
“Pre-AIA 35 U.S.C. 104, as amended by GATT (Public Law 103-465, 108 Stat. 4809 (1994)) and NAFTA (Public Law 103-182, 107 Stat. 2057 (1993)), provides that an inventor can establish a date of invention in a NAFTA member country on or after December 8, 1993 or in WTO member country other than a NAFTA member country on or after January 1, 1996.”
This means that inventors can now use evidence of invention from these countries to establish priority dates in certain U.S. patent proceedings. Specifically:
- For NAFTA member countries: Invention dates can be established from December 8, 1993 onward
- For WTO member countries (excluding NAFTA members): Invention dates can be established from January 1, 1996 onward
This provision is particularly relevant in interference proceedings, where the date of invention can be crucial in determining priority between competing inventors.
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