What is considered “otherwise available to the public” under AIA 35 U.S.C. 102(a)(1)?
Under AIA 35 U.S.C. 102(a)(1), “otherwise available to the public” is a catch-all provision that encompasses disclosures made available to the public by any means. The MPEP 2152.02(e) states:
“The catch-all provision of AIA 35 U.S.C. 102(a)(1), ‘otherwise available to the public,’ indicates that the statute does not limit prior art to the enumerated categories of ‘patented,’ ‘described in a printed publication,’ ‘in public use,’ and ‘on sale.'”
This means that any disclosure that makes the invention available to the public, regardless of the form or medium, can potentially qualify as prior art. Examples might include oral presentations, internet postings, or demonstrations at trade shows.
To learn more:
Topics:
Described In A Printed Publication,
MPEP 2100 - Patentability,
MPEP 2152.02 - Prior Art Under Aia 35 U.S.C. 102(A)(1) (Patented,
On Sale,
Or In Public Use,
Or Otherwise Available To The Public),
Patent Law,
Patent Procedure