What is the key difference between pre-AIA 35 U.S.C. 102(a) and AIA 35 U.S.C. 102(a)(1)?

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.

The key difference between pre-AIA 35 U.S.C. 102(a) and AIA 35 U.S.C. 102(a)(1) is the requirement of prior art being “by others.” As stated in the MPEP:

“A key difference between pre-AIA 35 U.S.C. 102(a) and AIA 35 U.S.C. 102(a)(1) is the requirement in pre-AIA 35 U.S.C. 102(a) that the prior art relied on was “by others.” Under AIA 35 U.S.C. 102(a)(1), there is no requirement that the prior art relied upon be by others.”

This means that under the AIA, prior art can include disclosures made by the inventor themselves, which was not the case under the pre-AIA system.