What is the ‘otherwise available to the public’ category in AIA 35 U.S.C. 102(a)(1)?
The ‘otherwise available to the public’ category is a new addition to the definition of prior art under AIA 35 U.S.C. 102(a)(1). This category serves as a catch-all provision to include forms of public disclosure that may not fit neatly into the other specified categories.
The MPEP states: “Finally, a catch-all ‘otherwise available to the public’ category of prior art is added.“
This addition broadens the scope of potential prior art and allows for consideration of various forms of public disclosure that might not have been explicitly covered under pre-AIA law. It’s important for patent applicants and examiners to be aware of this category, as it may encompass novel forms of public disclosure, particularly in the digital age.
While the exact boundaries of this category are still being defined through case law and USPTO guidance, it generally includes any information that has been made available to the public in a manner that a person of ordinary skill in the art could access and understand the information without undue effort.
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