What types of U.S. patent documents are considered prior art under AIA 35 U.S.C. 102(a)(2)?
Under AIA 35 U.S.C. 102(a)(2), three types of U.S. patent documents are considered prior art as of their effective filing date if they name another inventor:
- U.S. patents
- U.S. patent application publications
- World Intellectual Property Organization (WIPO) publications of international applications that designate the United States
As stated in the MPEP: “AIA 35 U.S.C. 102(a)(2) sets forth three types of U.S. patent documents that are available as prior art as of the date they were effectively filed with respect to the subject matter relied upon in the document if they name another inventor.” For more detailed information, refer to MPEP § 2151, MPEP § 2154.01, and MPEP § 2154.01(a).
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2154 - Provisions Pertaining To Subject Matter In A U.S. Patent Or Application Effectively Filed Before The Effective Filing Date Of The Claimed Invention,
Patent Law,
Patent Procedure