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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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). Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Definition of Prior Art Under AIA 35 U.S.C. 102(a) MPEP 2152 Definition of Prior Art Under AIA 35 U.S.C. 102(a) MPEP 2152 No Geographic Limitation for Public Use Prior Art MPEP 2152.02(c) Changes to Prior Art Under AIA 35 U.S.C. 102 MPEP 2152 Exceptions to Prior Art Under AIA 102(b) MPEP 2152 Prohibited Evidence of Public Use for Prior Art Rejection MPEP 2152 Permitted In Public Use Only Applies Within Country MPEP 2152.02(c) Public Use or Sale Abroad Counts as Prior Art Under AIA MPEP 2152 Critical Date for Pre-AIA Public Use Bar MPEP 2152.02(c) Public Use Rejection Based on Worldwide Activities MPEP 2152.02(c) Permitted Other Related FAQs 5 FAQs Collapse How does the AIA define &#8220;public use&#8221; for patent purposes? How does the AIA&#8217;s public use provision differ from pre-AIA law? How is &#8220;public use&#8221; determined under AIA 35 U.S.C. 102(a)(1)? What is the significance of the &#8220;effective filing date&#8221; in determining public use? What are the exceptions to public use under AIA 35 U.S.C. 102(b)(1)?