What types of documents are considered “U.S. patent documents” under the AIA 35 U.S.C. 102(b)(2)(A) exception?
According to the MPEP, “U.S. patent documents” under the AIA 35 U.S.C. 102(b)(2)(A) exception include:
- U.S. patents
- U.S. patent application publications
- WIPO published applications
The MPEP specifically states:
This exception limits the use of an inventor’s own work as prior art, when the inventor’s own work is disclosed in a U.S. patent, U.S. patent application publication, or WIPO published application (“U.S. patent document”) by another who obtained the subject matter directly or indirectly from the inventor or joint inventor.
It’s important to note that this exception applies to these types of documents when they contain subject matter obtained from the inventor or joint inventor, either directly or indirectly.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2154.02(A) - Prior Art Exception Under Aia 35 U.S.C. 102(B)(2)(A) To Aia 35 U.S.C. 102(A)(2) (Inventor - Originated Disclosure Exception),
Patent Law,
Patent Procedure