How does the “otherwise available to the public” provision differ from pre-AIA prior art categories?

The “otherwise available to the public” provision in AIA 35 U.S.C. 102(a)(1) represents a significant change from pre-AIA law. According to MPEP 2152.02(e):

“AIA 35 U.S.C. 102(a)(1) provides a ‘catch-all’ provision, which defines a new additional category of potential prior art not provided for in pre-AIA 35 U.S.C. 102.”

This new provision allows for a broader interpretation of what constitutes prior art, focusing on public availability rather than specific categories. It enables the consideration of disclosures that might not fit neatly into traditional prior art categories but still make the invention available to the public.

To learn more:

• AIA
• pre-AIA
• prior art
• public disclosure