What types of documents can be used for a pre-AIA 35 U.S.C. 102(d) rejection?

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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. For a pre-AIA 35 U.S.C. 102(d) rejection, only specific types of documents can be used. The MPEP clearly states: “ The document must be a patent or inventor’s certificate and not merely a published or laid open application. “ This means that only granted patents or inventor’s certificates can serve as the basis for a pre-AIA 35 U.S.C. 102(d) rejection. Published applications or other types of pre-grant publications are not sufficient for this purpose. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Statutory Bar on Foreign Patents MPEP 2135 Document Must Be Patent or Certificate Not Application MPEP 2135 Required Search for Foreign Patents Issued Before U.S. Filing Date MPEP 2135 Recommended Requirement for Foreign Patent Issuance Before US Filing MPEP 2135 Required Conditions for Foreign Priority Under Pre-AIA 35 U.S.C. 102(d) MPEP 2135 Required Requirement for Foreign Patent Issuance Before U.S. Filing Date MPEP 2135 Recommended Examiner May Require Information on Pre-AIA Prior Art MPEP 2135 Permitted Requirement for Same Applicant MPEP 2135 Required Requirement for Same Invention MPEP 2135 Required Examiner Can Use Electronic Databases for Patent Searches MPEP 2135 Permitted Other Related FAQs 5 FAQs Collapse How does an examiner determine if a pre-AIA 35 U.S.C. 102(d) rejection is appropriate? How can examiners search for foreign patents for pre-AIA 35 U.S.C. 102(d) rejections? What is Pre-AIA 35 U.S.C. 102(d) and when does it apply? When should an examiner search for foreign patents under pre-AIA 35 U.S.C. 102(d)? How does AIA 35 U.S.C. 102(d) differ from the Hilmer doctrine?