Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29
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.
Under AIA 35 U.S.C. 102(a)(2), several types of U.S. patent documents can qualify as prior art. According to MPEP 2154.01(c), these include:
- U.S. patents
- U.S. patent application publications
- WIPO published applications
The MPEP states: “To qualify as prior art under AIA 35 U.S.C. 102(a)(2), the prior art U.S. patent, U.S. patent application publication, or WIPO published application (‘U.S. patent document’) must ‘name[ ] another inventor.’”
It’s important to note that these documents must also meet the “names another inventor” requirement and any other applicable criteria to be considered prior art under this section.
Topics:
MPEP 2100 – Patentability
MPEP 2154.01(C) – Requirement Of "Names Another Inventor"
Patent Law
Patent Procedure