MPEP § 2152.02 — Prior Art Under AIA 35 U.S.C. 102(a)(1) (Patented, Described in a Printed Publication, or in Public Use, on Sale, or Otherwise Available to the Public)
Ninth Edition, Revision 01.2024 · last revised R-08.2017
[Editor Note: This MPEP section is only applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note). See MPEP § 2159 et seq. to determine whether an application is subject to examination under the FITF provisions, and MPEP § 2131-MPEP § 2138 for examination of applications subject to pre-AIA 35 U.S.C. 102.]
Prior art documents and activities which may preclude patentability are set forth in AIA 35 U.S.C. 102(a)(1). Such documents and activities include prior patenting of the claimed invention, descriptions of the claimed invention in a printed publication, public use of the claimed invention, placing the claimed invention on sale, and otherwise making the claimed invention available to the public. MPEP §§ 2152.02(a)–2152.02(f) discuss each prior art document and activity that might preclude patentability under AIA in turn.35 U.S.C. 102(a)(1)
Contents
Cited authority
- 35 U.S.C. 100 (note) AIA First inventor to file provisions
- 2159 Applicability Date Provisions and Determining Whether an Application Is Subject to the First Inventor To File Provisions of the AIA
- 2131 Anticipation — Application of 35 U.S.C. 102
- 2138 Pre-AIA 35 U.S.C. 102(g)
- 35 U.S.C. 102 (pre-AIA) Conditions for patentability; novelty and loss of right to patent
- 35 U.S.C. 102 Conditions for patentability; novelty
- 2152.02(a) Patented
- 2152.02(f) No Requirement of “By Others”