AIA

Question 1

102(a)(1)

Answer 1

anything before your filing date is prior art. Includes: sale, use, publication, patent. Anywhere in the world

Question 2

102(a)(2)

Answer 2

added to 102(a)(1), includes the filing dates of others that occur before your filing date as prior art. Limit is: only three documents qualify for a 102(a)(2) date: US patents, US published applications and Published PCT applications

Question 3

102(b)

Answer 3

Exceptions to prior art under 102(a)

Question 4

102(b)(1)(A)

Answer 4

exceptions to 102(a)(1)
your own work within a year of filing date is not prior art. It can be sold, used, patent, or printed.
Either directly from you or indirectly if you worked for a company that published your work, or as a professor and your graduate student publishes some of your work.

Question 5

102(b)(1)(B)

Answer 5

exceptions to 102(a)(1)
3rd party work if within 1 year and only if inventor has a disclosure which predates the 3rd parties work and it is still within the one year time frame

Question 6

102(c)

Answer 6

Joint Research Agreement:
Expands the definition of who inventor is

Joint ownership for joint research agreement exists if:

1. claimed invention was made by parties to the agreement and the agreement was in effect before filing date,
2. invention was result of activities within the scope of agreement, and
3. application discloses the names of parties in agreement.

Question 7

102(d)

Answer 7

Defining effective filing date of published or issued US application

Documents used as prior art only includes published US patents, US applications published and Published PCT applications.