Can an inventor’s own work be used as prior art against their patent application?

Yes, an inventor’s own work can be used as prior art against their patent application under certain circumstances. According to MPEP 2133.02:

“Any invention described in a printed publication more than one year prior to the date of a patent application is prior art under Section 102(b), even if the printed publication was authored by the patent applicant.”

This means that if an inventor publicly discloses their invention (through a publication, public use, or sale) more than one year before filing a patent application, that disclosure can be used as prior art against their own application. This creates a statutory bar to patentability under pre-AIA 35 U.S.C. 102(b).

To learn more:

• prior art
• inventor’s own work
• statutory bar
• public disclosure