What types of disclosures are considered under AIA 35 U.S.C. 102?

Under AIA 35 U.S.C. 102, various types of disclosures are considered. According to MPEP 2152.04, the term “disclosure” encompasses the following:

• Being patented
• Described in a printed publication
• In public use
• On sale
• Otherwise available to the public
• Being described in a U.S. patent, U.S. patent application publication, or WIPO published application

The MPEP states: “Thus, the Office is treating the term “disclosure” as a generic expression intended to encompass the documents and activities enumerated in AIA 35 U.S.C. 102(a).”

These forms of disclosure are considered when determining prior art under AIA 35 U.S.C. 102(a)(1) and 102(a)(2), subject to the exceptions outlined in 102(b)(1) and 102(b)(2).

To learn more:

• AIA
• disclosure types
• prior art
• 35 U.S.C. 102
• patent examination