How does the AIA define “public use” for patent purposes?
How does the AIA define “public use” for patent purposes?
The America Invents Act (AIA) provides a specific definition of “public use” for patent purposes. According to MPEP 2152.02(c):
“Under AIA 35 U.S.C. 102(a)(1), a person shall be entitled to a patent unless the claimed invention was in public use before the effective filing date of the claimed invention.”
The MPEP further clarifies that public use under the AIA is defined as any use of the claimed invention by a person other than the inventor or a joint inventor, or any use of the claimed invention by the inventor or a joint inventor that is accessible to the public. This definition emphasizes the accessibility of the invention to the public, rather than the inventor’s control over the invention or their intent to keep it secret.
It’s important to note that the AIA’s definition of public use is broader than under pre-AIA law, as it includes uses that may not have been visible or known to the public, as long as the use was not actively kept secret.
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