How does the AIA’s prior art definition affect patent examiners?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The AIA’s prior art definition significantly affects how patent examiners conduct their searches and evaluate patent applications. As the MPEP states:

“Under AIA 35 U.S.C. 102(a)(1), there is no requirement that the prior art relied upon be by others. Thus, any prior art which falls under AIA 35 U.S.C. 102(a)(1) need not be by another to constitute potentially available prior art.”

This means that patent examiners must consider a broader range of prior art, including the applicant’s own disclosures, when evaluating patentability. Examiners need to be aware of the exceptions under AIA 35 U.S.C. 102(b)(1) and carefully evaluate the timing of disclosures in relation to the effective filing date of the claimed invention.