What constitutes a “public use” under 35 U.S.C. 102(a)(1)?

A “public use” under 35 U.S.C. 102(a)(1) is defined in the MPEP 2152.02(c) as follows:

“Public use” includes 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 encompasses various scenarios where an invention is made available to the public or used in a way that is not confidential. It’s important to note that the use doesn’t have to be widespread; even a single instance of public use can potentially bar patentability.

To learn more:

• public use
• 35 U.S.C. 102(a)(1)
• patent law
• prior art