Post-AIA 102 Flashcards
Major AIA changes
US becomes First to File
Prior art becomes patents, printed pubs, knowledge, use, or sale anywhere in world
Exceptions are your own work and common ownership
102a
What qualifies as prior art (combines (a)(b)(e) from pre-AIA 102)
102a1
Cannot patent public domain from anywhere in world
This includes uses, sales, disclosures AND issued patents, published applications
102a2
Cannot file on something with filing date IN THE US
e.g. US/PCT published applications, US/PCT issued patents IF THEY DESIGNATE US
Old 102e
102b
New Grace Period Covers exceptions to 102a1/2
102b1
Exceptions to 102a1 (grace period)
Not prior art if:
Published or public disclosure made by inventor or joint inventor within one year of filing date
102b2
Exceptions to 102a2
Not prior art if:
Disclosure made by inventor or joint inventor
Publically disclosed by inventor or joint inventor
Disclosure owned by or under common ownership with inventor
102c
Joint Research Agreements exists if
Agreement was in place before invention;
Invention was made within scope of agreement; and
Application discloses names of parties
102d
Effective Filing Date of published US or PCT patent or app is
- Actual filing date; OR
- Valid claim to priority, which replaces 1.
AIA 102
Novelty
(a) Prior Art
(b) Exceptions to prior art (own work)
(c) Joint Research Agreements
(d) Effective Filing dates
What qualifies as prior art (combines (a)(b)(e) from pre-AIA 102)
102a
Cannot patent public domain from anywhere in world e.g. uses, sales, disclosures, issued patents, published applications
102a1
Cannot file on something with filing date anywhere in world
e.g. US published apps, US/PCT published patents
Old 102e
102a2
New Grace Period Covers exceptions to 102a1/2
102b
Exceptions to 102a1 (grace period)
Not prior art if:
Published or public disclosure made by inventor or joint inventor within one year of filing date
102b1
