What does “otherwise available to the public” mean in patent law?

“Otherwise available to the public” is a catch-all provision in AIA 35 U.S.C. 102(a)(1) that defines a new category of potential prior art. According to MPEP 2152.02(e), this provision “permits decision makers to focus on whether the disclosure was ‘available to the public,’ rather than on the means by which the claimed invention became available to the public or whether a disclosure constitutes a ‘printed publication’ or falls within another category of prior art.”

This provision broadens the scope of what can be considered prior art, allowing for various forms of public disclosure that may not fit into traditional categories.

To learn more:

• prior art
• public disclosure
• AIA
• patent eligibility