35 USC 102(a)(2): Section 122(b)
“A person shall be entitled to a patent unless — the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.”
- WIPO is responsible for publishing PCT international applications
- Under the AIA
- WIPO publications of PCT applications that designate the United States are treated as U.S. patent application publications for prior art purposes