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

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.

To learn more:

• Pre-AIA 35 U.S.C. 102(d)
• foreign patents
• inventor’s certificates
• patent documents
• statutory bar