What is prior art post AIA?

What is prior art post AIA?

Under AIA § 102(a)(1), the prior art includes not only prior publications, but any public disclosure, something in public use, on sale, or otherwise available to the public anywhere in the world in any language prior to the effective filing date of the claimed invention.[4] The phrase “otherwise available to the public …

What is pre-AIA 102 E?

102(e) allows the use of certain international application publications and U.S. patent application publications, and certain U.S. patents as prior art under pre-AIA 35 U.S.C. 102(e) as of their respective U.S. filing dates, including certain international filing dates.

Can your own patent be prior art?

Under 35 USC 102(a), a public use, either by the inventor or another, more than one year before the filing date of the application, can be used as prior art against an application for patent.

Can you swear behind a 102 B reference?

The Ongoing Relevance Of Diligence Although the AIA moved the U.S. patent system towards a “first inventor to file” system, patents having an effective filing date prior to March 15, 2013 fall under the pre-AIA version of § 102, and so may be able to swear behind a reference.

What is secret prior art?

Secret prior art is the name given to prior art that, at the time of filing of a new patent application, was not discoverable by the new applicant or not publicly available. It exists as a filed but unpublished application, unavailable to the public until publication.

Did the AIA eliminate Secret of prior art?

The AIA did eliminate several types of secret of prior art, including prior secret invention by another inventor under pre-AIA § 102 (g) and prior knowledge transferred from another to the patent applicant under pre-AIA § 102 (f).

What is “secret prior art”?

The AIA goes a long way towards eliminating “secret prior art” by requiring that certain disclosures must be publically available to qualify as prior art. Under the AIA provisions, a prior public use or sale activity may occur anywhere in the world and qualify as prior art under AIA §102 (a) (1).

What qualifies as prior art under the AIA?

Although the court did not address whether an entirely secret sale would qualify as prior art under the AIA, it decided that where the existence of the sale was made known to the public, the sale constitutes prior art even if the public disclosure did not reveal the invention.

What does the AIA say about on sale activity before critical date?

The AIA retains the identical language of its predecessor statute regarding on sale activity that occurs prior to the defined critical date. Compare 35 U.S.C. § 102 (a) (1) (post-AIA) with 35 U.S.C. § 102 (b) (pre-AIA).