MPEP § 2154.02 — Prior Art Exceptions Under 35 U.S.C. 102(b)(2) to AIA 35 U.S.C. 102(a)(2)

Ninth Edition, Revision 01.2024 · last revised R-07.2022

[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.]

See MPEP § 2154.02(a) for prior art exceptions to 35 U.S.C. 102(a)(2) under AIA 35 U.S.C. 102(b)(2)(A) based on the inventor-originated disclosure exception. See MPEP § 2154.02(b) for prior art exceptions to AIA 35 U.S.C. 102(a)(2) based on inventor-originated prior public disclosures as provided for in AIA 35 U.S.C. 102(b)(2)(B). See MPEP § 2154.02(c) for the prior art exception under AIA 35 U.S.C. 102(b)(2)(C) to AIA 35 U.S.C. 102(a)(2) based on common ownership or obligation of assignment.