What types of documents qualify as prior art under AIA 35 U.S.C. 102(a)(2)?
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), 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.