What types of U.S. patent documents qualify as prior art under AIA 35 U.S.C. 102(a)(2)?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
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), the following U.S. patent documents qualify as prior art:
- U.S. patents
- U.S. patent application publications
- Certain World Intellectual Property Organization (WIPO) publications of international applications (PCT applications)
The MPEP states: “AIA 35 U.S.C. 102(a)(2) sets forth three types of patent documents that can be applied as prior art as of their effectively filed dates: U.S. patents, U.S. patent application publications, and certain WIPO published applications.” (MPEP 2154.01)
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