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

Under AIA 35 U.S.C. 102(a)(1), a “public use” that can bar patentability is any use that is available to the public, regardless of geographic location. The MPEP states:

“Under AIA 35 U.S.C. 102(a)(1), there is no geographic limitation on where prior public use or public availability occurs.”

This means that public uses anywhere in the world can potentially be used as prior art against a patent application. However, it’s important to note that the public use must occur before the effective filing date of the claimed invention to constitute prior art under AIA 35 U.S.C. 102(a)(1).

To learn more:

• public use
• AIA
• 35 U.S.C. 102(a)(1)
• prior art
• effective filing date