What is the significance of pre-AIA 35 U.S.C. 102(e) in patent law?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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. Pre-AIA 35 U.S.C. 102(e) is a crucial provision in patent law that allows certain international application publications, U.S. patent application publications, and U.S. patents to be used as prior art. The MPEP states: “Pre-AIA 35 U.S.C. 102(e) allows the use of certain international application publications and U.S. patent application publications, and certain U.S. patents as prior art under pre-AIA 35 U.S.C. 102(e) as of their respective U.S. filing dates, including certain international filing dates.” This provision is particularly important when the publication or issue date of a reference is too recent to be applied under pre-AIA 35 U.S.C. 102(a) or pre-AIA 35 U.S.C. 102(b). Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examples of Pre-AIA 35 U.S.C. 102(e) Prior Art Dates MPEP 2136 Pre-AIA 35 U.S.C. 102(e) Publication Date for Patent MPEP 2136 Pre-AIA 35 U.S.C. 102(e) Publication Date MPEP 2136 Reference May Be Applied As Of U.S. Filing Date MPEP 2136 Permitted Pre-AIA 35 U.S.C. 102(e) Publication Date Requirement MPEP 2136 Pre-AIA 35 U.S.C. 102(e) Application Guidelines MPEP 2136 Required Prior Art Date for International Applications Under Pre-AIA 102(e) MPEP 2136 Permitted International and U.S. Patents as Pre-AIA Prior Art MPEP 2136 Pre-AIA 35 U.S.C. 102(e)(2) Patent Date Is December 8, 2000 MPEP 2136 Pre-AIA 35 U.S.C. 102(e)(2) Patent Date Is June 21, 1999 MPEP 2136 Other Related FAQs 5 FAQs Collapse What is the relevance of the inventive entity in pre-AIA 35 U.S.C. 102(e) rejections? What is the effect of non-English WIPO publications under pre-AIA 35 U.S.C. 102(e)? How are provisional application filing dates considered under pre-AIA 35 U.S.C. 102(e...