What constitutes prior art under AIA?

Under the AIA, what is prior art under the new law (presumably absent an In re Nomiya-type admission by the patent applicant4) must be either: (1) a public disclosure anywhere in the world (in any language), or (2) an “effectively filed” patent filing disclosure, and both must have a date prior to the “effective filing …

What is considered prior art?

Prior art is any evidence that your invention is already known. Prior art does not need to exist physically or be commercially available. An existing product is the most obvious form of prior art.

When did AIA 102 go into effect?

March 16, 2013
102 and 103 took effect on March 16, 2013. These new provisions apply to any patent application that contains or contained at any time: (1) a claim to a claimed invention that has an effective filing date as defined in 35 U.S.C.

What can be considered prior art under the AIA?

Prior art under AIA § 102 (a) (2) is limited to U.S. patents, published U.S. patent applications, and published Patent Cooperation Treaty (“PCT”) applications designating the United States, which become available as prior art as of the date that they were “effectively filed.”

Can a prior application be a prior art?

No inventors from the prior application are also inventors on the new application. Because nothing in the prior application was disclosed by an inventor on the new application, you do not meet the exception — your prior application qualifies as prior art.

What does ” otherwise available to the public ” mean in the AIA?

The phrase “otherwise available to the public” as used in AIA § 102 (a) (1) is a broad “catch-all” provision that expands the definition of prior art beyond the prior use, sale, and publication of the claimed invention. [5]

When does a patent become a prior art?

for a U.S. patent, U.S. patent application publication (PGPub), or WIPO published PCT (international) application, as of the date its subject matter was effectively filed. The availability of a disclosure as prior art under 102(a)(1) or 102(a)(2) depends upon the effective filing date of the claimed invention. 4