What types of documents qualify as prior art under AIA 35 U.S.C. 102(a)(2)?
Under AIA 35 U.S.C. 102(a)(2), three types of patent documents qualify as prior art as of their effective filing date, provided they name another inventor:
- U.S. patents
- U.S. patent application publications
- Certain WIPO published applications
As stated in the MPEP, These documents are referred to collectively as “U.S. patent documents.”
It’s important to note that these documents may have different prior art effects under pre-AIA 35 U.S.C. 102(e) compared to AIA 35 U.S.C. 102(a)(2).
Additionally, a U.S. patent document may also be prior art under AIA 35 U.S.C. 102(a)(1) if its issue or publication date is before the effective filing date of the claimed invention in question.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2154.01 - Prior Art Under Aia 35 U.S.C. 102(A)(2) "U.S. Patent Documents",
Patent Law,
Patent Procedure