MPEP Q & A 221: What are the Three Types of Patent Documents Available as Prior Art …?

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Question:

AIA 35 U.S.C. 102(a)(2) sets forth three types of 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. What are they?

Answer:

AIA 35 U.S.C. 102(a)(2) sets forth three types of 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:

  • U.S. patents;
  • U.S. patent application publications; and
  • certain WIPO published applications.

Chapter Details:

The answer to this question can be found in chapter 2100 of the MPEP. This chapter covers Patentability.

The answer is from the 9th Edition, Revision 08.2017. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 2154.01 of the MPEP.  The following is a brief summary of section 2154.01.

2154.01   Prior Art Under AIA 35 U.S.C. 102(a)(2) “U.S. Patent Documents”

This MPEP section is only applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA.

This section discusses prior art under AIA 35 U.S.C. 102(a)(2). These are termed U.S. patent documents. They include U.S. patents, U.S. patent application publications, and certain WIPO published applications.