How does the AIA’s public use provision differ from pre-AIA law?

The AIA’s public use provision under 35 U.S.C. 102(a)(1) differs from pre-AIA law in several key aspects:

• Geographic Scope: AIA removed the “in this country” limitation, making public uses anywhere in the world relevant.
• Timing: AIA focuses on the effective filing date, while pre-AIA used a critical date one year prior to the U.S. application date.
• Inventor’s Own Use: AIA treats inventor and third-party uses similarly, subject to exceptions in 35 U.S.C. 102(b)(1).

The MPEP clarifies:

“The public use provision of AIA 35 U.S.C. 102(a)(1) thus has the same substantive scope, with respect to uses by either the inventor or a third party, as public uses under pre-AIA 35 U.S.C. 102(b) by unrelated third parties or others under pre-AIA 35 U.S.C. 102(a).”

This means that while the overall concept of public use remains similar, the AIA broadened its application geographically and simplified the treatment of inventor vs. third-party uses.

To learn more:

• AIA
• pre-AIA
• public use
• 35 U.S.C. 102(a)(1)
• 35 U.S.C. 102(b)
• patent law changes