January 30, 2015
“Ways To Convert A Pre-AIA Patent Into An AIA Patent,” Law360, January 30, 2015
Under the America Invents Act, the definition of prior art is generally broader compared to the pre-AIA rules (i.e., first-to-invent).[1] However, some pre-AIA prior art does not qualify as AIA prior art. For example, the USPTO’s interpretation of AIA 35 U.S.C. § 102(a)(1) does not treat secret sales as prior art.[2] Also, AIA 35 U.S.C. § 102(c) can be used to disqualify both anticipatory and obviousness references, whereas pre-AIA 35 U.S.C. § 103(c) may only disqualify obviousness references.
