What is the significance of “by another” in 35 U.S.C. 102(e)?

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 phrase “by another” in 35 U.S.C. 102(e) is crucial for determining prior art. According to MPEP 2136.04:

“If the application names the same inventive entity as the patent, the patent does not qualify as prior art under pre-AIA 35 U.S.C. 102(e).”

This means that for a patent to be considered prior art under this section, it must have a different inventive entity from the application being examined.