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AIA Broadening of Prior Art

posted Jan 18, 2013, 2:31 PM by Robert Crownover
Under 35 U.S.C. § 102 of the AIA legislation, along with broadening the prior art considered under the statutory bar (previous 102(b) bar) also broadens what will be considered prior art under the previous 102(e)(2). Previously, (or currently depending on when this is read) a US or PCT published application in English will be considered prior art as of the PCT/US filing date with out regard to any foreign claim to priority.

Under the AIA legislation, the published US or PCT application will be considered prior art as of the priority claim. This expansion now allow publications to be considered prior-art as of their foreign priority date.